Pregnancy leave while on H1

[newbee1]

Hi,

 

My wife is on H1, and she is working in california. She recently delivered twins. how many weeks of leave can she avail? 

 

can she avail CA-Disability (8 weeks) + PFL (6 weeks) + FMLA (12 weeks)?

 

Thanks

[omshiv]

why not convert to H4?

[newbee1]

Thanks for the response.

 

she can always convert to H4.

 

But would like to check before for how many weeks can she be on leave.

 

Please let me know.

[rahul412]

 She recently delivered twins.

Congratulations...!!!

[newbee1]

retry..

 

can some one from the experts shed some light on my question?

 

can she avail CA-Disability (8 weeks) + PFL (6 weeks) + FMLA (12 weeks)?

 

thanks.

[Attorney_6]

A person on H1b can take leave from work for medical reasons. There is not a specific time limit for such leave, but, it is important to be careful and limit such leave time to what is genuinely needed/justified by the particular situation. 

 

FMLA provides a safe harbor for both the H1B employee and the employer. If the leave time falls within the (unpaid) FMLA time that employers must give to their employees, then, this is a permitted period of leave. Beyond that, for maternity, it is important to stay within the employer's usual policies, and any other state laws that might apply. If the employer's policies are not very clear, it is important to be mindful of standard U.S. business practices.

 

FMLA is not necessarily a consecutive period of leave falling after the other leave time is utilized. Check with the employer as to the standard policy of the company.