H1B/GC - What would happen if you are on disability leave?

[jasmine7103]

There is an option to add disability plan on my health insurance. This pays me 60% of my normal salary for up to 3 months if I am disabled or pregnant.

I was going to add it to my plan then I thought about being on 'on status' - working full time and earning the certain amount of money (for GC application).

If I were to claim this - say if I am pregnant - and take 3 months off. My job is secured and I am getting 60% pay. Am I considered out of status? Do you think this would affect my H1B and/or GC application? My labor cert was already certified and going to apply for I-140 soon.

Thanks in advance.

J

 

[nervewreck]

My wife was in a similar situation.
Here is the process, we followed:
1. Give a written application to your employer that you need Maternity or Disability leave. Whatever your reason is, specifying the exact dates. File this letter for your records.
2. Once the employer gives a written approval, file it for records.
3. Make sure that they dont stop processing your payroll for more than 2 months, as its critical to maintain your H1 status. (In your case since they will be paying you for the 60% of your salary, you would be fine).

Approved Maternity and Disability leaves come as a benefit befitted by the employer. These have nothing to do with your H1/GC status, as long as things are not meddled with the Payroll. You have to be watchful that they dont remove you from Payroll and add you back in once you get back to work. If that happens that means that there is a break. Again, your case seems to be much better than that.