H1B: Pregnant and unable to work:

[samax]

Hi,
I am in a very difficult situation now. I am currently in the US, on H4 visa earlier and I got H1B visa approved in Feb 2012. So naturally, my status is now changed from H4 to H1B. I am pregnant and in the 9th month now. I cannot travel/relocate for work under my current condition. Under these conditions, I have a few questions:

1. My employer asked me to send a letter to HR, requesting for 3 months of Medical leave, so that he does not have to run pay roll for these 3 months. My understanding is that the employer cannot skip running the payroll unless the employee is out of country or in FMLA. Since I got H1B and became an employee of this company in Feb 2012, I am not eligible for FMLA. So is it really possible for the employer to skip these payrolls, if I apply for medical leave.

2. Is there anything trap is giving a medical leave letter like this to my employer?

3. I am worried if the employer is planning to cancel my H1B visa. Is there any way to check this ?

Please advise me.

Thanks,
Samax.

[gaz]

seems like the only way out afaik: and you get paid for the 3 months on fmla at whatever rate the company plan pays. you could go on 3 months fmla and then maybe based on your situation and needs get back to work.

not trying to lecture and i don't know your or your employers background - but a little faith that people are trying to help within their limits sometimes helps .. don't take on the additional stress of things not in your control.

good luck!

Originally Posted by samax

Hi,
I am in a very difficult situation now. I am currently in the US, on H4 visa earlier and I got H1B visa approved in Feb 2012. So naturally, my status is now changed from H4 to H1B. I am pregnant and in the 9th month now. I cannot travel/relocate for work under my current condition. Under these conditions, I have a few questions:

1. My employer asked me to send a letter to HR, requesting for 3 months of Medical leave, so that he does not have to run pay roll for these 3 months. My understanding is that the employer cannot skip running the payroll unless the employee is out of country or in FMLA. Since I got H1B and became an employee of this company in Feb 2012, I am not eligible for FMLA. So is it really possible for the employer to skip these payrolls, if I apply for medical leave.

2. Is there anything trap is giving a medical leave letter like this to my employer?

3. I am worried if the employer is planning to cancel my H1B visa. Is there any way to check this ?

Please advise me.

Thanks,
Samax.

[100mya]

Just my 2 cents.

Your case is very much valid and the answer depends on state as well as each state laws are different. But whatever may be the case you can take FMLA which is UNPAID and you dont get any benefits from the company like medical insurance, vacation accrual, 401k etc. Also FMLA there is no guarantee that your position will be saved, it can be given to someone else if the company has a need to fill that position. So in short you can take FMLA as long as you need for recovery (Doesnt mean years to gether max i have seen is 4 months) provided your company is ready to hold the position and get back to work.

Just a FYI... My wife did the same and she is getting back to work this month. She took FMLA for 4 months. We went to india and got the visa stamped no questions asked. They asked for my child's proof just to verify that indeed she delivered and letter from HR/manager approving the FMLA with an end date stating that she can join back. In any case our EAD/AP was on the way but still had to get it stamped.

I hope this helps. But remember each case is different and each company is different.

As a note at the end : (Always consult an attorney or HR personnal who can give more information)