Does FMLA Applies to H1 B Visa Holders ?

[pratikny1287]

Hello Forum Member

 

         i am working with my current employer since Oct 2011 on h1b & didn't face any issues till date. Last July i visited India for 4 Weeks & came back to US on early august .this was my first vacation with current employer which was unpaid .

 

                 Now i need to visit India again in early Feb as doctors in India suggested to do Open heart Surgery on my father & its very critical for me to be there. i asked same with my employer but they are saying you are allowed for 30 days leave in a calendar year. they are telling that if you leave US before June 2014 they will withdraw my h1b . 

 

 

So my question is if i go to India to take care of my father for 3 weeks does it covered under FMLA act ? i will be able to produce all required document. Surgery will perform in India not in US 

 

 

Any response will be very helpful . 

 

 

Thank You.

[t75]

FMLA is not required of all employers; it depends on the number of individuals.  Are you sure your employer is required to offer it. You might want to consult an attorney (not necessarily immigration specialist); if you are entitled to it, a letter from an attorney to that effect will work wonders,  However, since employment is "at will", they can terminate you when you get back.

[pratikny1287]

thanks t75 for reply 

 

  my employer is big US staffing company who have more than 5000 employees.  i am working with them since 2011 & i am fulfilling with 1 year work rule of FMLA. So the only thing i want to know that does FMLA covers employee if he/she seeks leave to tack care of parents who lives abroad  ? If yes than do i need to file Medical Certification in advance to employer ?

 

 i am little confuse as  how can i submit document before surgery ? it's medical treatment & not sure everything will happen as predicated.  

 

Thank You 

[jairichi]

thanks t75 for reply 

 

  my employer is big US staffing company who have more than 5000 employees.  i am working with them since 2011 & i am fulfilling with 1 year work rule of FMLA. So the only thing i want to know that does FMLA covers employee if he/she seeks leave to tack care of parents who lives abroad  ? If yes than do i need to file Medical Certification in advance to employer ?

 

 i am little confuse as  how can i submit document before surgery ? it's medical treatment & not sure everything will happen as predicated.  

 

Thank You 

In my opinion in your case FMLA applies only when you continue to stay in valid status in US and you are going to take care of your parents in US. It does not apply once you leave the country as you are no longer on H1B status during your stay in India. It would be just considered as vacation (unpaid or paid) and it depends on your employer. If employer is not happy they could revoke your H1B petition and you have to find a new employer when you want to start working in US. I might be wrong in my opinion.

[t75]

I do not know if it excludes people outside the US.  Although the employer may be large, the number of people in a particular location may be fewer than the triggering number. However, from personal experience, I know it can be denied by an employer - even if the issue is with your own health.  Contact an attorney; the consultation will not be very expensive.

[pratikny1287]

Thanks Jairichi & t75 for reply.

 

 

 As per my employers policy i can take only 30 days of vacation in a calender year & hence if i need  any more days off it must be related to FMLA (either my own health issue or related to parents).

 

 

 

 So now i am in contact with HR department of employer & going to submit all required document to receive approval of FMLA. in mean time if i come across any major issue i am going to consult qualified immigration attorney for sure.

 

 

i will keep you posted on progress.

 

Thanks again.