H1-B & Maternity Leave

[h1bunny]

Hi,

I am currently on H1-B and working for a client in California( for more than 2years). My h1-b employer is based in PA. I am 7 months pregnant and have few questions on maternity leave:

1) My h1B employer is a small company( < 25 emp ). In this case, am I eligible for maternity leave under FLMA? If yes, and I take the leave(unpaid), will I be out of status?

2) If i take a maternity leave for 8 weeks(unpaid), not under FLMA, and get back to work, will my H1-B status be affected? Will I go out of status?

3) If I am unable to get back to work after 8weeks( due to personal reasons), will I be out of status?

4) Since I am working in CA and I am contributing to State's disability Insurance(CA DIS payroll deduction ), can I claim for disability insurance? Does this come directly from the state or does it come via payroll from my employer?


Thanks in advance,
Hoping for a response.
b

PS: I cannot change to H4 status as my husband is a GC holder.

[shervin143]

1) My h1B employer is a small company( < 25 emp ). In this case, am I eligible for maternity leave under FLMA? If yes, and I take the leave(unpaid), will I be out of status?

>>>>> Even a small company should have a medical/maternity leave policy. You are eligible to take maternity leave and you will not loose your H1b status when you are in maternity leave.



2) If i take a maternity leave for 8 weeks(unpaid), not under FLMA, and get back to work, will my H1-B status be affected? Will I go out of status?

>>>>> No. You will not go out of status. A typical maternity leave is 6 weeks after normal delivery and 8 weeks for C-section.



3) If I am unable to get back to work after 8 weeks( due to personal reasons), will I be out of status?

>>>>> You can take upto 6 weeks. Beyond that you would need a letter from either your or your child's physician to support further time off.



4) Since I am working in CA and I am contributing to State's disability Insurance(CA DIS payroll deduction ), can I claim for disability insurance? Does this come directly from the state or does it come via payroll from my employer?

>>>>> Yes, you can claim disability insurance. Confirm this by contacting your insurance company. Find out if you are eligible to receive this benefit. This doesn't come through your employer.

[h1bunny]

H1-B &amp; Maternity Leave

Thank you for the detailed response.