Taking Maternity leave on H1B having a H4 dependent


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Hello friends,

I am on H1B visa through a small consultancy based out of CA. My client is in Georgia so I am working here.

I joined this consultancy in October 2016 and its not been 12 months yet.

Now I am on my 8th month of pregnancy and I have my spouse here on H4 visa with me.

I am planning to take 3-4 weeks of maternity leave in September an deliver in US. But my employer told me that they would not run payroll during my maternity leave.

What would be the impact on my status? Will it cause any issues in mine or my spouse stay in US or my GC processing? Will this effect my insurance ? I am not sure of the benefits with Georgia state offers for pregnancy with respect to pay. I read about the clause of employed with employer for atleast 12 months to be eligible for FMLA, which I am not since I have only completed around 9 months with this company.

I am not sure if my consultancy has very well checked on the impact of not running payroll. Appreciate any suggestions or advice on this.



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You will be on medical leave and which is leagl in H1B visa. Also your employer can run empty payroll during your leave otherwise ask them to hold some of your payment and run the payroll during your leave. so your medical insurance paid. Otherwise you can pay the medical insurance yourself. Dont worry.


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