Receiving maternity salary after moving to the US on K1

[USS_Voyager 1,972]

Just now, NicoleM said:

Ok,she will lose her maternity leave pay since it sounds like it's from the government (likely, as others have stated). 

Possible, my impression was the company pays her, not the government. 

 

3 minutes ago, NicoleM said:

Even if the company doesn't know/care, the government isn't likely to continue payments after she gives up her residency in favour of US residency.

Sure, that's a question for her government. I was just saying from the US/K-1  perspective there is nothing preventing her from doing it. 

[payxibka 10,045]

7 minutes ago, NicoleM said:

Ok, fine, they can't fire her.

 

However, I think her government will sort this out, because once her residency is no longer in that country, she will lose her maternity leave pay since it sounds like it's from the government (likely, as others have stated). I'm definitely all for paid maternity leave, it just seems like this is unlikely to sit well with the government (and her company, if they don't know). Even if the company doesn't know/care, the government isn't likely to continue payments after she gives up her residency in favour of US residency.

Whether it continues or not is between the OP and her home country.   It sounds like she is ambivalent about it (would like it to continue but if it doesn't,  so be it).  If it does continue then it is NOT an immigration issue because the USA views maternity leave pay as disability income NOT earned income 

Edited February 21, 2019 by payxibka

[PelagijaP 67]

23 minutes ago, USS_Voyager said:

I don't think that's the case. Say, vacation is a benefit. If I take 2 weeks vacation and decide to resign right after I finish my vacation, that is my right. There is nothing to force me to go back to work on that job. Forced labor equals to indentured servitude.

 

I agree, she needs to tell them she resigns AFTER her maternity leave. And that is the whole point, she is ON maternity leave, and they CANNOT fire her. They can fire her after she finishes her maternity leave (but not if she resigns first ^_^)

You are right, by law I cannot get fired as long as I am on pregnancy and maternity leave and it is government that is giving me my salary. Has to do with low number of babies born here, that is why we get all sort of benefits. I don't mean to commit a fraud, it would only be 400 dollars a month but since it is time for state to open my maternity leave and I still don't have visa in my hand, I don't know what to do. That would be little bit of money to help with some bills. I know that my aunt quit her job after maternity ended. I did stop by to a solicitor couple of minutes ago but they will open their office again at 18h(2 hours time).

[Unidentified 2,930]

Sure by law you cannot be fired. But you are no longer a resident of Serbia, you left the country. You should be honest with them and ask "I am no longer a resident of Serbia, what happens with my maternity leave?"

[PelagijaP 67]

Thank you for your inputs guys. I am ambivalent and would like to do what is all right by the law. I will still be a citizen of my country, so that is what bugged me if it is right or not to keep maternity money. As I said it is not much. If you want I will let you know what I learn from the solicitor because it is an interesting subjects 

[Unidentified 2,930]

8 minutes ago, PelagijaP said:

Thank you for your inputs guys. I am ambivalent and would like to do what is all right by the law. I will still be a citizen of my country, so that is what bugged me if it is right or not to keep maternity money. As I said it is not much. If you want I will let you know what I learn from the solicitor because it is an interesting subjects 

Doesn't matter if you're a citizen. Once you move most of your citizen benefits go bye bye. I'm Swedish, we have a lot of social benefits. All those went out the window when I moved here. 

[Redheadguy03 505]

20 minutes ago, Unidentified said:

Doesn't matter if you're a citizen. Once you move most of your citizen benefits go bye bye. I'm Swedish, we have a lot of social benefits. All those went out the window when I moved here. 

Then you realized the crazy medical system of America. I always thought most of the people of Sweden loved there system. 

Edited February 21, 2019 by Redheadguy03

[payxibka 10,045]

1 minute ago, Redheadguy03 said:

Then you realized the crazy medical system of America. I always thought most of the people of Switzerland  loved there system. 

Sweden and Switzerland are not the same 

[Redheadguy03 505]

3 minutes ago, payxibka said:

Sweden and Switzerland are not the same 

I'm aware. I just misspoke. 

[Unlockable 7,314]

35 minutes ago, PelagijaP said:

Thank you for your inputs guys. I am ambivalent and would like to do what is all right by the law. I will still be a citizen of my country, so that is what bugged me if it is right or not to keep maternity money. As I said it is not much. If you want I will let you know what I learn from the solicitor because it is an interesting subjects 

As @Unidentified mentioned, it may not matter if you are still a citizen of Serbia. Like I was referring to Canadians before, many thought that since they would still be Canadian citizens and simply moving to a neighboring country, their benefits would remain. But that is not the case.

 

Please keep us informed on how what you find out. It will certainly help others who may be in the same situation in the future and allow us to refer to your experience with this issue.

[Jon & Ygritte 178]

1 hour ago, PelagijaP said:

You are right, by law I cannot get fired as long as I am on pregnancy and maternity leave and it is government that is giving me my salary. Has to do with low number of babies born here, that is why we get all sort of benefits. I don't mean to commit a fraud, it would only be 400 dollars a month but since it is time for state to open my maternity leave and I still don't have visa in my hand, I don't know what to do. That would be little bit of money to help with some bills. I know that my aunt quit her job after maternity ended. I did stop by to a solicitor couple of minutes ago but they will open their office again at 18h(2 hours time)

Since you still don't have the visa and thus are not moving yet, I would accept the money for now and then inform the government when you do move.

[USS_Voyager 1,972]

46 minutes ago, Unidentified said:

Doesn't matter if you're a citizen. Once you move most of your citizen benefits go bye bye. I'm Swedish, we have a lot of social benefits. All those went out the window when I moved here. 

But you don't know that! I could be different for Serbia! 

[Unidentified 2,930]

3 minutes ago, USS_Voyager said:

But you don't know that! I could be different for Serbia! 

That's why I told her she needs to be honest and ask in Serbia.......... 

[Lemonslice 4,836]

Some countries allow benefits to non-residents, check with your country. There is no obligation to resign from your job, you can inform your employer in the usual delays that you'll be returning to work, or not. I think it's a good plan B to be able to return, should something happen.

[USS_Voyager 1,972]

12 minutes ago, Lemonslice said:

Some countries allow benefits to non-residents, check with your country. There is no obligation to resign from your job, you can inform your employer in the usual delays that you'll be returning to work, or not. I think it's a good plan B to be able to return, should something happen.

 

Great idea! God forbids, if something happens to the marriage and she needs to return to Serbia (Please understand I am just stating a scenario and not in any way, shape or form implying this will happen or speaking ill of your relationship with your fiancee ), she would still have a job. That what the protection under the laws allow for her. Then, I would argue that she has no obligation to tell them anything except: " I am taking maternity leave and the projected end date for my maternity leave is this date". She can resign her job from the US if/when she sees fit. What she does or where she goes when she is on maternity leave is no one's business. 

Edited February 21, 2019 by USS_Voyager