An employee’s visa status is not usually top of mind for employers when managing leaves of absence and accommodations, but for many important reasons, it should not be overlooked, as it may pose some significant risks both for the employee and the employer if not handled correctly.
During this episode of “Take It or Leave It,” co-hosts Josh Seidman and Meg Toth are joined by their colleague and expert guest, Angelo Paparelli, from Seyfarth Shaw LLP’s Los Angeles Office, to discuss how a leave of absence or accommodation could impact an employee’s visa status. Specific topics include: an overview of the visa application process and how an employee’s “visa status” is established, why it is important to consider an employee’s visa status when managing leaves of absence and accommodations, the impact a leave of absence or accommodation may have on an employee’s visa status, employers’ potential obligations to report a leave as a change in the terms and conditions of employment to the immigration authorities and how an employee’s reduced hour work schedule or remote work arrangement, even if provided as an accommodation, may impact their visa status, among others.