Can an L-2 spouse also take maternity leave?

If the spouse holding an L-2 visa is working with the proper authorization, access to maternity leave follows the same rules that apply to any other employee. That right is not defined by immigration status, but by the employment relationship.

The L-2 is the derivative status granted to the spouse of an L-1 holder. Once authorized to work, the spouse has the same labor rights as any other employee. Whether the leave will be paid or unpaid, and for how long, depends on other factors, such as:

• The employing company’s leave policies.
• Applicable state or local labor laws.
• Any collective bargaining agreements or individual contracts.

There are family and medical leave programs that may apply during pregnancy or after birth, but the conditions vary considerably from one employer and one state to another. For that reason, the type of visa is not what determines this benefit.

To find out exactly what you are entitled to, the best approach is to review your employer’s policy and the applicable local labor laws, and to confirm the information with official sources.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.