Can I take an unpaid pregnancy leave of 3 months on H1b visa?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I take an unpaid pregnancy leave of 3 months on H1b visa?

Asked on February 25, 2013 under Immigration Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and your employer both qualify for the Family and Medical Leave Act (FMLA), you would be entitled to the leave available under it. To see the full list of criteria, go to the U.S. Dept. of Labor's website. In brief, your employer needs to have at least 50 employees; you must have worked there at least a year, and worked at least 1,250 hours in the last 12 months. Note, however, that FMLA does not provide a leave while pregnant, unless it's for medical reasons (e.g. a doctor has prescribed bed rest); however, it does provide for up to 12 weeks of leave post-birth, for taking care of the child and bonding.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption