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Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

By Jeff Nowak on September 1, 2016
Posted in ADA, Eligibility

Photograph of a U.S. Department of Homeland Security logo.

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave.

As a General Matter, an H-1B Worker Must Be Paid (with some exceptions)

A U.S. employer hiring an H-1B worker is required to pay the worker while he/she…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
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