Are there any restrictions on the number of weeks of maternity leave a mother can take while on H-1?


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)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.