Are there any restrictions on the number of weeks of maternity leave a mother can take while on H-1?30 Dec 2013
There is no specific restriction on the number of maternity leave weeks during which an H1B would still be considered to be in status. HOWEVER, it is important to look at existing employer policies, legal requirements (FMLA) and general U.S. standards. Any time claimed as maternity leave / in-status time should be in keeping with the employer’s policies and/or the FMLA legal requirements (if eligible). In the U.S., maternity leave is generally pretty brief – 6 weeks is common, 12 weeks is generous. Unless there is a documented serious medical complication, it is usually best to keep to limits of that nature. Otherwise, for longer periods of time, it is not really maternity leave, it is a decision to stay home with the baby rather than work. (30.Dec.2013)
In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.
Copyright © 2013, MURTHY LAW FIRM. All Rights Reserved