Would this be considered unpaid benching?

[pcc]

A friend of mine is just found out she is pregnant.

Due to the nature of her work she cannot perform a number of her duties while pregnant. Her employer has told her she must immediately start to take 3 months of unpaid medical leave under the Family Medical Leave act. I'm not sure what they employers plans are for after the three months are up, as she is only 2 months pregnant now.

She did not request the unpaid time off, nor did she want to take it so early in her pregnancy

I know that unpaid benching is not permitted while on H1B status. Is the above situation permitted?

Thanks!

 

[GotPR?]

Whatever benefit allowed to US worker must be allowed to H1B worker too.
If company had maternity leave and she took it based on company's policy, it 's not considered bench.
if you search on USCIS site, you can find it.

 

[pcc]

The issue is the fact that they are mandating her to take FMLA leave before the baby is born. Usually the employee has to request the leave based on medical grounds. For this case they told her she has no option but to take it and they do not appear willing to make an accomodation. Unfortunately that's all the info I have related to it.

I've recommended she discuss the matter with both an employment atty as well as an immigration atty.