H1B Maternity Leaves

[AniD]

Hi,

I am on H1B and working on a hourly rate as a Consultant in a company in San Francisco. My employer location is Santa Clara. I have some doubts regarding my leaves. My expected delivery date is in September. As per California leave policies I am entitled to 6 weeks of leave post delivery which I feel is too less. Also my contract is ending on September. After my leave periods gets over I will have to look for new clients. 

Is there any way by which the leaves post delivery can be extended? Read about FMLA and Pregnancy Disability Leave in websites. But FMLA needs at least 50 employees directly employed under the employer which I doubt they have. PDL also needs doctor's note stating that employee is unfit to join work.

What can I do in this case to extend my leaves? I want to keep my H1B status active. Not willing to convert to H4.

Thanks,

AniD

[pontevecchio]

Extending leave and keeping H1 status is a misnomer. Change to H4 status after your leave and look for a sponsor who is a better fit for you. By that time the H1 PP will possibly be back. Best of luck with the Baby. Such short leaves are par for the course here, unlike in Europe.

[JoeF]

Why do you have to look for new clients? It's the employer's responsibility to give you work to do.

 

[AniD]

Yes my employer will be looking for new positions for me since I work on a hourly rate.

Is there any way that the leave can be extended beyond the 6 weeks post delivery SDI Leaves? I am not sure if I am entitled to any other California leaves other than SDI.

[JoeF]

BTW, hourly rate or not, on H1 you always need to get paid for at least 40 hours, even if you work less.

If the employer doesn't fall under FMLA, there is probably nothing you can do.

 

[AniD]

Thanks for the replies.

I was going through this website where it says as per the SDI program I can get 6 weeks leave post delivery. There is a separate program PFL which again provides another 6 weeks leave. So in total I can get 12 weeks leave post delivery.

Is this really true? That would be awesome. Where can I get more details on how to apply for PFL? I have checked SDI I can apply through EDD.