Legal Question in Employment Law in California

maternity leave denied due to wrong visa info with employer

Situation:

My wife's maternity leave benefit is being denied because our HR department has wrong information on her visa status. She is holding H-1B but HR lists her as her student status (F-1) with an expiration date of her passport (2004). The wrong visa info caused payroll not deducting disability taxes (F-1 is not eligible). The HR now accuses my wife for not updating her visa status with them.

Question:

Is the foreign worker responsible for updating HR of their visa status?


Asked on 3/27/02, 2:02 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: maternity leave denied due to wrong visa info with employer

If the foreign worker does not keep her employer up to date on her legal status, who do you think is? It is not the employer's responsibility.

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Answered on 3/28/02, 11:24 am


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