Rules for Sickness and H1B

Question

I currently have an H1B visa. I just had surgery and must take 2 months leave from work. My employer gave me 2 weeks of vacation but then said I wouldn't be paid after that which is alright. My employer told me that according to their companies policy, I can't be granted 2 months leave. If he were to grant the leave in my case, he would have to for anyone else who asked. He gave me his options of either firing me or rehiring me. Can someone tell me the rules for H1B and sickness? If I do get fired during my sickness, can I do something about it? Or what else can I do?

Answer 1

You must be offered the same benefits that your employer offers its United States citizens. If the company does not offer extended leave for sickness, they do not have to offer you those benefits and can terminate your employment which would end your H1B benefits.