H1B with Desi Software Consultant, Maternity

[davidshaw]

Dear All:

 

- I have been working for my H1B-employer for over 2 years and my H1B is good till 2016

- I am currently working on a client site through my H1B-employer

- My current contract with this client (through my H1B-employer) is good till Dec 2014

- I am pregnant and expecting a baby in Oct 2014

- What are my rights as far as maternity leave is concerned?

 

Specifically:

 

- What if my client decides to cancel my contract when they find out I'm pregnant, can my H1B-employer lay-off or fire me?

- I assume my client can probably terminate my contract if I take a 2-3 month leave for pregnancy (since I'm not their employee)

- But can my H1B-employer lay-off or fire me since I my contract with client is terminated? 

- Am I eligible for any benefits like maternity leave, FMLA etc?

 

PS: I cannot go on H4 as my husband recently lost his job and he is on a dependent visa.

 

Thanks for your help!

 

Regards,

DS

 

[rahul412]

 

- What if my client decides to cancel my contract when they find out I'm pregnant, can my H1B-employer lay-off or fire me?

- I assume my client can probably terminate my contract if I take a 2-3 month leave for pregnancy (since I'm not their employee)

- But can my H1B-employer lay-off or fire me since I my contract with client is terminated? 

- Am I eligible for any benefits like maternity leave, FMLA etc?

 

- that's up to your employer. If he has job for you then he won't

-that's not your problem. Your employer has to make sure that you have a job on H1

-Again that's up to your employer

-Yes.

[jairichi]

Dear All:

 

- I have been working for my H1B-employer for over 2 years and my H1B is good till 2016

- I am currently working on a client site through my H1B-employer

- My current contract with this client (through my H1B-employer) is good till Dec 2014

- I am pregnant and expecting a baby in Oct 2014

- What are my rights as far as maternity leave is concerned?

 

Specifically:

 

- What if my client decides to cancel my contract when they find out I'm pregnant, can my H1B-employer lay-off or fire me?

- I assume my client can probably terminate my contract if I take a 2-3 month leave for pregnancy (since I'm not their employee)

- But can my H1B-employer lay-off or fire me since I my contract with client is terminated? 

- Am I eligible for any benefits like maternity leave, FMLA etc?

 

PS: I cannot go on H4 as my husband recently lost his job and he is on a dependent visa.

 

Thanks for your help!

 

Regards,

DS

1. Yes, possible.

2. If you are under FMLA the employer cannot terminate you during that period of approved FMLA.

3. Ask your employer.

[davidshaw]

- that's up to your employer. If he has job for you then he won't

-that's not your problem. Your employer has to make sure that you have a job on H1

-Again that's up to your employer

-Yes.

Thank you for your response rahul412

 

I agree if the employer has a job for me he won't fire/layoff but can the employer legally do that? especially since its because of pregnancy. I am expecting a baby in Oct2014, I have been with my H1B-employer for over two years and my contract with the client is good till Dec2014. 

[davidshaw]

1. Yes, possible.

2. If you are under FMLA the employer cannot terminate you during that period of approved FMLA.

3. Ask your employer.

Thank you for your response jairichi.

 

1. its a bummer if the employer can fire/layoff me because of pregnancy :(

2. How do I figure out if my H1B-employer is under FMLA? They do have about 300 employees (mostly consultants working on different client sites like me). But the client site where I work, I am the only employee through my H1B-employer.

[jairichi]

Thank you for your response jairichi.

 

1. its a bummer if the employer can fire/layoff me because of pregnancy :(

2. How do I figure out if my H1B-employer is under FMLA? They do have about 300 employees (mostly consultants working on different client sites like me). But the client site where I work, I am the only employee through my H1B-employer.

2. Ask around your 300 colleagues working for different clients. They would be the best persons to suggest you. Or if you have a detailed paperwork signed during the start of employment have a look at them. Ask HR directly.