Voluntary Unpaid Leave for H-1B Workers

Question details

Can an H-1B employee take voluntary unpaid personal leave without violating wage requirements?

ANSWER
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FAQ Transcript

Yes. Department of Labor regulations strictly prohibit employers from involuntarily benching H-1B workers without pay. However, if an employee voluntarily requests unpaid leave for personal reasons (such as travel or vacation), the employer is legally permitted to accommodate the request without violating H-1B prevailing wage rules.

Agency

Immigration Law