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

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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 8 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.


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