My wife's currently on H1 & would be going on Maternity leave 2 months prior to Due date. Can she claim CA Paid Family Leave?
What is the best way to go about it?
Appreciate your help on this.
3 attorney answers
I agree that if the employer is paying for the benefits, there is no need to be concerned about violating visa status.
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I agree with my colleague. The benefit is most likely paid by the employer and not the tax payer so it is not means tested. However it is best if you consult with an experienced immigration attorney in your area. You do not want to complicate your immigration status.
This is likely not a means tested public benefit and therefore she most likely would be eligible to accept it. It is potentially something that could be a public charge issue. In addition someone on medical leave is generally not considered violating their status if it is in a reasonable period of time. It is best to consult an immigration attorney to discuss these issues in detail before taking any action.