H1B Question from employer

R

raj1d

Registered Users (C)
Hi,

I am running a small business and planning to hire an employee on H1B. The prospective employee wants to go on a 6 - 8 weeks vacation, a few months after hiring (I know this a long vacation request after a short employment, but I am willing to do it for this person) and willing to go on loss of pay as he would not have accrued enough vacation time.

Is it legal for me to not to pay an employee if he/she decides to go on long vacation and agreed to go on an unpaid leave basis.

I am asking this question because I understand that there are new rules about paying H1B employees.

Thanks
 
raj1d said:
Hi,

I am running a small business and planning to hire an employee on H1B. The prospective employee wants to go on a 6 - 8 weeks vacation, a few months after hiring (I know this a long vacation request after a short employment, but I am willing to do it for this person) and willing to go on loss of pay as he would not have accrued enough vacation time.

Is it legal for me to not to pay an employee if he/she decides to go on long vacation and agreed to go on an unpaid leave basis.

I am asking this question because I understand that there are new rules about paying H1B employees.

Thanks
Click to expand...

The only way that you can not pay an H-1B employee is if the employee is not available for work. A long vacation is sufficient to show unavailability for work but make certain to document that it is his request, that it is scheduled far in advance, and that it is a vacation period. Make sure that everything is documented and you should be ok. The more documentation of the vacation, the better.
 
You must log in or register to reply here.
Top