Long Leave on H1 while Pregnent

[kris405]

My wife is on H1B and works for an Indian Consulting firm; she has been working with this firm for more than 2 years.

She is now pregnant (just 2 weeks) and I don't want her to travel at this point of time and this is what she mentioned to her employer when they have got a project which needs her to travel and the employer asked her to go on a long unpaid leave if she does not want to travel. (I think the employer is asking her to take a long leave because he cannot fire her because she is pregnant and cannot travel)

If she goes on a long leave now, she has to be on this leave for at least a year before she can travel and work. In this scenario what will happen to her H1B. If she gets any other Project locally after 3 to 4 months will she be able to transfer her H1B to the new employer.

Since her employer asked her to go on a long leave, can we ask him to generate a pay stub for zero dollars because legally she did not leave the company and is on leave?

I am eagerly waiting for the reply, I am not sure what to do at this point of time.

[Subramanya]

My wife is on H1B and works for an Indian Consulting firm; she has been working with this firm for more than 2 years.

She is now pregnant (just 2 weeks) and I don't want her to travel at this point of time and this is what she mentioned to her employer when they have got a project which needs her to travel and the employer asked her to go on a long unpaid leave if she does not want to travel. (I think the employer is asking her to take a long leave because he cannot fire her because she is pregnant and cannot travel)

If she goes on a long leave now, she has to be on this leave for at least a year before she can travel and work. In this scenario what will happen to her H1B. If she gets any other Project locally after 3 to 4 months will she be able to transfer her H1B to the new employer.

---- What is the reason for her to be on leave for about a year. The normal time for such a leave is 6-8 weeks. After that is between her and the employer as to how long she can extend, but definitely not for a year

Since her employer asked her to go on a long leave, can we ask him to generate a pay stub for zero dollars because legally she did not leave the company and is on leave?

---- If she is on maternity leave the employer is obligated to pay her for the 6-8 weeks period of time. Longer than that the employer cannot pay unlcess there is an exception for her. Ther is no question of zero dollars pay stub as that is as good as not paying and generating a pay stub does not mean anything.

---- This is irrespective of whether it is long leave, leave without pay and even not legally quitting wmployment. In order to clear your doubts and have abetter outcome for such a situation you may want to speak to an attorney including the employer's attorney so that matters cana be worked for both of you

Subramanya

[kris405]

Thanks for the reply

It is not me or my wife that wants to take a long leave, it is her employer who is asking her to take a long leave as she cannot travel for the work.

she is in healthy condition and willing to work from the current location as her employer does not have any work at the current location he wants her to travel to a different location and work there, as she is unwilling to travel instead of firing her in order to avoid any legal discrimination charges he is asking her to take a long leave.

I am not sure how her H1B will be valid if she is going to take such a long leave.

Please reply me what should I be doing now, in such kind of situation.

[Subramanya]

It is not me or my wife that wants to take a long leave, it is her employer who is asking her to take a long leave as she cannot travel for the work.

she is in healthy condition and willing to work from the current location as her employer does not have any work at the current location he wants her to travel to a different location and work there, as she is unwilling to travel instead of firing her in order to avoid any legal discrimination charges he is asking her to take a long leave.

I am not sure how her H1B will be valid if she is going to take such a long leave.

---- If her employer is truly compelling her to take such a long leave just to prevent some other issues (known and unknown) refer to the employees rights and obligations under the state where she is working

---- Seek counseling from a state body and let the employer know that discrimination in any form will not be tolerated. I am not aware as to which department within a state can handle these matters, but you can always try starting from the DOL so that they even talk to the employer about these matters (after gathering enough information and evidence from your wife

---- I do know that this can be done, only not sure how it is done and who does it. If you have an attorney who deals with state labor laws, you can approach them for guidance

Subramanya