H-1 status and FMLA

Question details

My wife is on H-1B visa working for a consulting firm. We are expecting baby in Feb 2016. What could be the maximum allowed time period on FMLA. Can my wife continue on H-1 status without pay checks on FMLA period?

ANSWER

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/1QbgUmUUJvc?t=1746

FAQ Transcript:

If she considers to be in H-1 status FMLA (Family and Medical Leave Act) allows up to 12 weeks of guaranteed employment leave in 12-month period. It can be more or less also depending on the state law and remember if there is a medical need, for e.g. if the doctor says you have some medical issues you need to stay extra 6 weeks you will still be in status.

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