SS PP Posted January 3, 2020 Report Share Posted January 3, 2020 I work with a large tech company in the US which has good maternity benefits. I am eligible for 10 weeks of post-partum leave and another 6 weeks of parental leave. These 16 weeks of leave is 100% paid. I am on H1B visa. Can I take additional unpaid leave (after the 16 weeks of paid leave ends) to care for my baby? Does this impact my visa status in anyway? Quote Link to comment
User099 Posted January 6, 2020 Report Share Posted January 6, 2020 I am sure other will not like my answer, but I will say it any way. How long do you want to extend it? 1-2 weeks might be fine if your employer agrees. But you can't take couple of months. Quote Link to comment
gopalakrishnach Posted January 6, 2020 Report Share Posted January 6, 2020 15 hours ago, User099 said: I am sure other will not like my answer, but I will say it any way. How long do you want to extend it? 1-2 weeks might be fine if your employer agrees. But you can't take couple of months. Nicely said. Quote Link to comment
SS PP Posted January 7, 2020 Author Report Share Posted January 7, 2020 I was infact hoping to take 2-3 months (if it doesnt impact my visa status). Quote Link to comment
JoeF Posted January 7, 2020 Report Share Posted January 7, 2020 (edited) It is complicated. It used to be that unpaid leaves were allowed when initiated by the employee. However, fraud desi employers forced employees to sign a leave of absence request when they were on bench, which is illegal because employees have to be paid on bench and an employer can not force a LOA. Because of that it is nowadays pretty much impossible for somebody on H1 to go on an unpaid LOA while staying in the US. Edited January 7, 2020 by JoeF Quote Link to comment
User099 Posted January 7, 2020 Report Share Posted January 7, 2020 16 hours ago, SS PP said: I was infact hoping to take 2-3 months (if it doesnt impact my visa status). It will be considered as bench period if you do it for so long. Not good. Quote Link to comment
xTDx Posted January 8, 2020 Report Share Posted January 8, 2020 A few options to think of: 1- See if you can work from home or have flexible work hours. May need new LCA/H1b amendment. 2- See if you can move to home country and work from there or take a break from there. Not a bad idea to have your plans go through an immigration attorney. Quote Link to comment
cyberlord Posted January 20, 2020 Report Share Posted January 20, 2020 Does your employer give you sabbatical? Quote Link to comment
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