H1-B -DISABILITY(PREGNENCY)

[glaxmi]

I am expecting a baby in next 6 weeks and i am on H1-B. I plan on claiming California state disability benefits. I have few questions.

 

a) Is it mandatory for person who wants to claim disability benefits in CA to stop working 4 weeks before due date?

Is it possible to claim benefits only for the 6 weeks after the delivery and not for tor four weeks before delivery?

 

b) Is it acceptable if H1-B employee to claim disability due to pregnancy? Or this only for citizens and people with GC?

 

c) Does claiming disability benefits cause any issues in GC approvals OR future H1-B approvals though ONE has maintained the legal status as needed by USCIS

[JoeF]

Pregnancy is not a disability.

There are rules about maternity leave.

[ge145]

Here are your answers OP

 

a) Is it mandatory for person who wants to claim disability benefits in CA to stop working 4 weeks before due date? No 

Is it possible to claim benefits only for the 6 weeks after the delivery and not for tor four weeks before delivery? Yes

As per CA law, ---

The usual disability period for a NORMAL pregnancy is up to four weeks before the expected delivery date and up to six weeks after the actual delivery. However, your doctor may certify to a longer period if the delivery is by Cesarean section, if there are medical complications, or if you are unable to perform your regular or customary job duties.

b) Is it acceptable if H1-B employee to claim disability due to pregnancy? Or this only for citizens and people with GC?

Yes for H1b.

 

c) Does claiming disability benefits cause any issues in GC approvals OR future H1-B approvals though ONE has maintained the legal status as needed by USCIS

If you are maintaining your status , you are fine. 

 

People of on H1b can file for disablity and yet be in status. Please talk to your company Hr on their policies as well as your Dr. 

I am not sure what the previous post wanted to say. but i hope my answers help.

[t75]

Your HR representative should be able to explain the rules and assist you in completing necessary paperwork for both the state and company.  As long as you are complying with the normal standards, you should be fine.  Problems exist when women stretch the time they are off work far longer than what an American woman would qualify for.