Vacation on Loss of Pay inside US on H1B?

[rational_me]

And to OP,

 

You have been issued a visa to stay and work in the US, the work part being the emphasis. Just like students are expected to stay and study. Unpaid vacations or staying without a job is one benefit only LPRs and citizens can avail.

 

You do have the choice to apply for a visitor visa which can give you at-least 6 months to enjoy your vacation.

[zak74]

Thanks for the responses. I understand that the law requires continuously being paid. But over a 10 year period in H1B (due to the backlog and delay in processing Green Cards), it's not practical for anyone to be on the go like this. There may be many reasons. Just a break or medical reasons or they may want to take some training etc...etc.. Some usual suspects in this forum jump on a thread like this and start implying that this is due to bench without pay or crappy employer etc. No wonder this forum has lost its appeal and not as active as it used to be. My problem is that there is always a project lined up and it's hard to say NO and take a break (even a 2 weeks break) because the client won't wait for a month. The project time line and urgency is determined by clients not my employee or me. I posted a simple question to know if there is a way without giving all my personal reasons for needing such a break. So stop implying this is do with some fraud.

[JoeF]

Thanks for the responses. I understand that the law requires continuously being paid. But over a 10 year period in H1B (due to the backlog and delay in processing Green Cards), it's not practical for anyone to be on the go like this. There may be many reasons. Just a break or medical reasons or they may want to take some training etc...etc.. Some usual suspects in this forum jump on a thread like this and start implying that this is due to bench without pay or crappy employer etc. No wonder this forum has lost its appeal and not as active as it used to be. My problem is that there is always a project lined up and it's hard to say NO and take a break (even a 2 weeks break) because the client won't wait for a month. The project time line and urgency is determined by clients not my employee or me. I posted a simple question to know if there is a way without giving all my personal reasons for needing such a break. So stop implying this is do with some fraud.

 

The fact is that shady consulting companies have made it pretty much impossible to do such kinds of breaks.

It is telling that you blame the messengers instead of the shady consulting companies (and their employees.)

That shows me that you are likely employed by a shady consulting company. Your words speak loud and clear to that.

When we imply something, it is because people (like you) are working in shady companies. We don't make things up, but we can read between the lines, due to experience.

And finally, answers can only be as good as the information given. If you don't give enough information, you can't expect a good answer. This is also something that with a little thought you should have known.

[busybee80]

The fact is that shady consulting companies have made it pretty much impossible to do such kinds of breaks.

It is telling that you blame the messengers instead of the shady consulting companies (and their employees.)

That shows me that you are likely employed by a shady consulting company. Your words speak loud and clear to that.

When we imply something, it is because people (like you) are working in shady companies. We don't make things up, but we can read between the lines, due to experience.

And finally, answers can only be as good as the information given. If you don't give enough information, you can't expect a good answer. This is also something that with a little thought you should have known.

 

Its pretty obvious, none of the folks here know about FMLA. 

 

Regardless of visa category, you are eligible for UNPAID leave of absence for either family or medical reasons - pretty much anything can be classified under a family reason. 

 

FMLA is a law, no employer can deny it -- there are some specific variations, but it exists in some form and shape across the US. There are even provisions to prevent discrimination against people of FMLA leave. Do some homework and approach your employer.

[JoeF]

Its pretty obvious, none of the folks here know about FMLA. 

 

Regardless of visa category, you are eligible for UNPAID leave of absence for either family or medical reasons - pretty much anything can be classified under a family reason. 

 

FMLA is a law, no employer can deny it

 

Not quite true.

FMLA only applies to companies with more than 50 employees in a metropolitan region.

From https://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993

"In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles."

I rather doubt that the average desi consulting company falls under that.

Real employers do, of course. Yet another reason to avoid consulting companies.

[jairichi]

Its pretty obvious, none of the folks here know about FMLA. 

 

Regardless of visa category, you are eligible for UNPAID leave of absence for either family or medical reasons - pretty much anything can be classified under a family reason. 

 

FMLA is a law, no employer can deny it -- there are some specific variations, but it exists in some form and shape across the US. There are even provisions to prevent discrimination against people of FMLA leave. Do some homework and approach your employer.

Many of us are aware of FMLA. And, FMLA is not for taking a long vacation and one needs to provide evidence to support the valid reason.

[jairichi]

 

 

Regardless of visa category, you are eligible for UNPAID leave of absence for either family or medical reasons - pretty much anything can be classified under a family reason. 

 

Not pretty much anything can be classified under a family reason.

 

I am copying and pasting about overview of FMLA from USDOL website.

 

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

http://www.dol.gov/whd/fmla/

[chakrakr]

In case you didn't know, I do know that REAL employers in the US allow to carry forward vacation days.

I have no idea what employers in Germany would have to do with it, nor what employers in the UK or in France would have to do with it.

As I  said, please educate yourself. Your crappy employer is not the norm.

 

I suggest you read and understand the vacation policies of some of the major employers of US -- for example ,  the policy of I  B  M  states "You must use your vacation in the year you earn it, and you do not have the option of choosing cash payment in lieu of vacation.".        Come out of your small pond and you will know how world works

[chakrakr]

Sure, there may be some such employers, but that's not the norm. That's all I pointed out.

 

So only what your small home run employer does is the "Norm"   ?  To hell with what other employers do ?  

 

How many states other than your home state mandates that vacation cannot expire ?

[JoeF]

I suggest you read and understand the vacation policies of some of the major employers of US -- for example ,  the policy of I  B  M  states "You must use your vacation in the year you earn it, and you do not have the option of choosing cash payment in lieu of vacation.".        Come out of your small pond and you will know how world works

 

Link?

Anybody can say anything. It doesn't necessarily make it true.

[omshiv]

I see this topic getting locked soon :)

[JoeF]

Link?

Anybody can say anything. It doesn't necessarily make it true.

 

And in addition, it is very unlikely that a company with locations in multiple states would have such a policy, in particular since it would be violating state laws in at least some states (they have locations in CA, for example.) And they won't have different policies in different states. That would be a nightmare to administer, e.g., when people move between locations, and it would be an invitation for lawsuits.

[chakrakr]

Link?

Anybody can say anything. It doesn't necessarily make it true.

 

Sure anybody can say anything ... like you say anything and ask us to take it as true .  What is your "link"  BTW ?

 

Link ?  How long have you been in this forum ?  If you have been long enough  you will know that the forum rule does not allow outside links ....   

[JoeF]

Sure anybody can say anything ... like you say anything and ask us to take it as true .  What is your "link"  BTW ?

 

Link ?  How long have you been in this forum ?  If you have been long enough  you will know that the forum rule does not allow outside links ....   

 

A big company with offices in multiple states won't have a policy as you claim.

They would have to have different policies for different states, which would be an administrative nightmare, e.g., if people move between locations, and it would also invite lawsuits.

So, the only logical conclusion is that you lied about this when you posted some stuff about this company.

Case closed.

[chakrakr]

And in addition, it is very unlikely that a company with locations in multiple states would have such a policy, in particular since it would be violating state laws in at least some states (they have locations in CA, for example.) And they won't have different policies in different states. That would be a nightmare to administer, e.g., when people move between locations, and it would be an invitation for lawsuits.

 

It is very normal and natural for companies operating in multiple location to tailor policies per location .   It is NOT a nightmare for a large company.    Do you think every large company do not have non-compete agreement because it is invalid in CA ?

 

   Google is easy to use and will show you what I mentioned. 

[chakrakr]

A big company with offices in multiple states won't have a policy as you claim.

They would have to have different policies for different states, which would be an administrative nightmare, e.g., if people move between locations, and it would also invite lawsuits.

So, the only logical conclusion is that you lied about this when you posted some stuff about this company.

Case closed.

 

You just demonstrated that --

 

1)  you do not know how big multinationals working in different areas with different regulations work

 

2) You do not know how to use google

[JoeF]

It is very normal and natural for companies operating in multiple location to tailor policies per location .   It is NOT a nightmare for a large company.    Do you think every large company do not have non-compete agreement because it is invalid in CA ?

 

   Google is easy to use and will show you what I mentioned. 

 

Sigh. Apples and oranges.

Non-compete agreements don't affect the salary.

And are you an HR specialist now, that you know what is "natural" for companies?

Having vacation time expire in some locations and not in others is a lawsuit waiting to happen. That's why it is unlikely that big companies would do that.

[omshiv]

I guess chakrakr might be referring to different countries when he said multiple locations...not same in US...thats not possible.

[chakrakr]

I guess chakrakr might be referring to different countries when he said multiple locations...not same in US...thats not possible.

 

It is possible.   Google for I B M vacation carryover and you will see.  It is not a rocket science to maintain and adhere to rules of different states.

 

Another example  is Health Insurance companies which  cover employees of such large companies .  For example,  in certain states,   coverage for infertility is mandated by state law.  This includes even IVF .   Other states do not mandate.  Insurance companies simply add a line   if you are in so and so states,  it is covered.  Same goes  for many other health conditions (like Autism ). 

 

I am yet to see someone file a lawsuit against such companies for perceived difference in benefits. 

 

And BTW,   Non-compete is very much comparable --   what JoeF  is saying is company is applying different policy to employees in different states and that will invite lawsuit   .... laughable at the least. 

[sudhirreddy]

To OP (Zee) – I took unpaid leave when I first joined my new company since I didn’t accrue enough vacation. I went to India for a month vacation (3 weeks unpaid leave), where I went for H1B stamping (with older paystubs) and had no issues during stamping or at POE. The only problem that I can see is if you plan to go to H1B stamping using the pay stubs with unpaid leave. If you have no plans for H1B stamping anytime soon then feel free to take unpaid leave.

Recently I got my GC too.

You should follow ********, where you will get wider perspective rather than 3 or 4 people answering your question.

[jairichi]

To OP (Zee) – I took unpaid leave when I first joined my new company since I didn’t accrue enough vacation. I went to India for a month vacation (3 weeks unpaid leave), where I went for H1B stamping (with older paystubs) and had no issues during stamping or at POE. The only problem that I can see is if you plan to go to H1B stamping using the pay stubs with unpaid leave. If you have no plans for H1B stamping anytime soon then feel free to take unpaid leave.

 

Recently I got my GC too.

 

You should follow ********, where you will get wider perspective rather than 3 or 4 people answering your question.

Read OP's post carefully. He wants to take unpaid vacation and stay in US. In your case you were on unpaid leave in India and it did not violate any US immigration law.

[JoeF]

It is possible.   Google for I B M vacation carryover and you will see.  It is not a rocket science to maintain and adhere to rules of different states.

 

Another example  is Health Insurance companies which  cover employees of such large companies .  For example,  in certain states,   coverage for infertility is mandated by state law.  This includes even IVF .   Other states do not mandate.  Insurance companies simply add a line   if you are in so and so states,  it is covered.  Same goes  for many other health conditions (like Autism ). 

 

I am yet to see someone file a lawsuit against such companies for perceived difference in benefits. 

 

And BTW,   Non-compete is very much comparable --   what JoeF  is saying is company is applying different policy to employees in different states and that will invite lawsuit   .... laughable at the least. 

 

The fact that this one company doesn't do carry-over, and that it is the only newsworthy case, shows that it is the exception from the rule.

The rule is that carry-over is possible.

Thanks for making my point.

[JoeF]

You should follow ********, where you will get wider perspective rather than 3 or 4 people answering your question.

 

Actually, from my experience, lots of answers on that forum are simply wrong.

You may get more answers, but if they are wrong, it doesn't help any.

And the group of people who provide correct answers is about as big as here. Further, due to the lack of moderation there, a bunch of good people essentially got mobbed off that forum.

[omshiv]

To OP (Zee) – I took unpaid leave when I first joined my new company since I didn’t accrue enough vacation. I went to India for a month vacation (3 weeks unpaid leave), where I went for H1B stamping (with older paystubs) and had no issues during stamping or at POE. The only problem that I can see is if you plan to go to H1B stamping using the pay stubs with unpaid leave. If you have no plans for H1B stamping anytime soon then feel free to take unpaid leave.

 

Recently I got my GC too.

 

You should follow ********, where you will get wider perspective rather than 3 or 4 people answering your question.

 

OP wants to take vacation in the US. Your case was different. Since you were out of US you had no status.