Can the L-2 spouse also take maternity leave?

The L and L-2 visa program is a route quite commonly used by multinational companies, and many doubts arise regarding labor rights and benefits for the spouse holding the L-2 visa. This visa, generally granted to the spouse of the L-1 visa holder, allows the person to work legally in the United States after obtaining the appropriate authorization (EAD – Employment Authorization Document).

But what about maternity leave? Let”s address the details. First, it is worth noting that the availability and conditions of maternity leave in the United States are not defined by immigration status. In other words, if the L-2 spouse is employed and has obtained her EAD, she has access to the same labor rights as other American employees.

However, the granting of maternity leave – whether paid or unpaid – depends directly on the policies of the company for which the person works, union agreements, and state or local laws, and not on the type of visa. Many states and companies offer family and medical leave programs (such as the Family and Medical Leave Act – FMLA), which can be used during pregnancy or after childbirth.

The FMLA guarantees, for example, up to 12 weeks of unpaid leave for certain eligible employees, but it”s important to remember that federal law does not require the provision of paid maternity leave, making this benefit something each employer may or may not offer.

Therefore, if the spouse with the L-2 visa is working, access to maternity leave will largely depend on the work environment and compliance with employment requirements, not on her immigration status.

Furthermore, it is essential to emphasize the importance of always following United States immigration laws, seeking updated information, and consulting reliable sources before making any decision. Always look for specialized companies and avoid falling for scams or marketing campaigns that promise miraculous solutions or guaranteed results in immigration processes and labor matters.

I hope this explanation helps clarify the issue. Staying well informed and in compliance with the laws is always the safest path to enjoy the available rights and ensure a smooth transition in professional and personal life in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.