H1B status during pregnancy

[nithyakesan]

I am working in a startup, with H1B effective from october-2009. I was with the same employer on L2-EAD till then, and applied for COS and got it approved. I am 9 months pregnant now, and I got my maternity leave approved for 3 months after delivery(by email). And I promised to return for work after that. Because of the financial status of the company, my employer says, I may be laid off, as they cannot pay me for my absence from work.

I believed, employers get the compensation from State government to pay for the short term disability of the person. And the company policy states " a pregnant woman receives the same benefits as a person with short term disability".

Now what should be my call? Can I get laid off just because I am pregnant?

Appreciate your help a lot.

Thanks,
Nithya.

[shervin143]

It is illegal to fire you just because of pregnancy and it is against the law. If you have your facts right and if you can prove that there is no other reason why you were fired (Example: Slow down in business and the company is downsizing. If it is not just you, but there are other people too who are getting laid off at the same time), then you can register a complaint with the state agency/Fair Employment. There are state laws that protect you. You would definitely need a good lawyer in that case.

http://www.lectlaw.com/files/emp31.htm

A typical maternity leave is 6 weeks after normal delivery and 8 weeks for C-section. You won't go out of status for this period of time (In case of leave without pay). Beyond that, you would need a letter from either your or your child's physician to support further time off.

Also, you may be covered under FMLA.

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

Check if you are eligible to claim disability insurance. You can confirm this by contacting your insurance company.

[nithyakesan]

Thank you for your quick reply.

I am working in California.The employer claims they have a valid reason that the company's funds are not enough, and thats why they are forced to take this decision. I am not sure if I will be able to do my job search now. If their only concern is paying me, can I request for unpaid leave and keep me in payroll and claim for state disability insurance(if i am eligible) and manage my expenses?

Will that keep me in valid H1B status?

[shervin143]

Yes. The time frame is already mentioned below.