State Benefits for new father.

[edchels 5]

I have been in the US as a Green Card holder for a little over 5 years now (living in California). My daughter is expected to be born in mid-April. What kind of benefits am I able to receive as far as taking time off work to be able to spend time with my baby. I have read many different opinions. Some people are saying it has to be 10 years, or 40 quarters of work because of what my wife (USC) signed on the affidavit. Others have said if I have lived here legally on a Green Card for 5 years, I'm eligible for all benefits. I think I'm allowed 6 weeks off work and still be able to keep my job, so hopefully for 6 weeks I'll be able to get something from the State. If anyone knows anything about this, I would greatly appreciate any feedback. Thank You!

[Gosia & Tito 199]

I have been in the US as a Green Card holder for a little over 5 years now (living in California). My daughter is expected to be born in mid-April. What kind of benefits am I able to receive as far as taking time off work to be able to spend time with my baby. I have read many different opinions. Some people are saying it has to be 10 years, or 40 quarters of work because of what my wife (USC) signed on the affidavit. Others have said if I have lived here legally on a Green Card for 5 years, I'm eligible for all benefits. I think I'm allowed 6 weeks off work and still be able to keep my job, so hopefully for 6 weeks I'll be able to get something from the State. If anyone knows anything about this, I would greatly appreciate any feedback. Thank You!

Not sure you are asking the right question. Your immigration status has nothing to do with time off work for maternity. It's regulated by federal law, but paid by the company you work for (as far as I know). There might be some state specific rules though. There is a standard maternity leave, and after that, you could file a FMLA claim with your company for additional time, but that usually means a 60% pay and a guarantee you would have a job upon return, but NOT necessarily the same role/job. FYI, you could also use sick time (if that is in your work contract) and often (again company specific), you might be able to use unused and/or carried on to next year sick time. Often companies have flexibility and in part depends on how your relationship with boss is...meaning companies will work with you -even if not obligated to do so- if they want to keep you; I have seen some new mothers taking 3-4 months leave where I work (but I'm in TX). I'd suggest a chat with your boss and HR to understand your situation.

[Michael Ruffin 1]

I am confused! Are you the green card holder and are you the one physically pregnant? You question is confusing. If you are the women whether a green card holder or us citizen. I would think the company you are working for has somekind maternity leave. I am not a woman so I don't know how many day a company offers a woman expecting a child. If you are the man, I think some companies offer paternity leave also but again it depends the company you work for. Looking at your question, are you asking for somekind of government support so you can take time off of work? I don't think permanment residence (Green Card holders) are allow to collect government welfare, hence the reason all petitioners must sign a affidivat of support or run the risk of getting sued by the government.

[N-o-l-a 7,167]

Legally, men do not get any paid paternity leave. Your company might have some provision, but it isn't likely.

Edited March 16, 2013 by Nola123

[LBeachey 44]

The amount of time you are able to take off is unaffected by the length of time you have been a green card holder. The amount of paid time you can take is driven by your employers policies and possibly state law. The only federal law that applise is the Family Medical Leave Act which entitles you to 12 weeks unpaid.

http://www.dol.gov/whd/fmla/

[edchels 5]

Sorry if it was confusing... Let me try again.

I am new father-to-be. I'm part-time employed so I'm not going to get anything from my work, but i have been allowed 6 weeks leave. I have no PTO, or any benefits as far as work goes...that's why I'm eager to find out what I might be able to get from the State of California as far as family leave time and/or disability payments?

[N-o-l-a 7,167]

Sorry if it was confusing... Let me try again.

I am new father-to-be. I'm part-time employed so I'm not going to get anything from my work, but i have been allowed 6 weeks leave. I have no PTO, or any benefits as far as work goes...that's why I'm eager to find out what I might be able to get from the State of California as far as family leave time and/or disability payments?

You'll get nothing.

[Penguin_ie 5,986]

**** Moving from Effects of Major Changes to Life in America ***

You are not disabled though. Your wife is the one recovering from childbirth, not you. You won;t get anything from the state. Your wife and child may be able to get WIC or a similar state funded program to help with diapers and healthy food, but not you. Even in Europe, paternity leave is still quite rare.

Edited March 16, 2013 by Penguin_ie

[edchels 5]

**** Moving from Effects of Major Changes to Life in America ***

You are not disabled though. Your wife is the one recovering from childbirth, not you. You won;t get anything from the state. Your wife and child may be able to get WIC or a similar state funded program to help with diapers and healthy food, but not you. Even in Europe, paternity leave is still quite rare.

That's why I'm so confused, I'm not disabled, but my CPA told me I'm allowed 6 weeks "bonding time" for a newborn, and should be able to receive some sort of funds from the state. In any case, I appreciate your reply... I guess I'll try calling USCIS.

[LIFE'SJOURNEY 970]

That's why I'm so confused, I'm not disabled, but my CPA told me I'm allowed 6 weeks "bonding time" for a newborn, and should be able to receive some sort of funds from the state. In any case, I appreciate your reply... I guess I'll try calling USCIS.

DO NOT CALL USCIS, this is not a immigration question.

There is no funds from the state for a parents post parental leave. You and your wife should have plan and saved extra funds for this period of time.

You do not have to take your six weeks period of time a the same time your wife will be on post maternity leave. You can take it after the wife has gone back to work if so desire.

Edited March 16, 2013 by LIFE'SJOURNEY

[VanessaTony 3,567]

Sorry if it was confusing... Let me try again.

I am new father-to-be. I'm part-time employed so I'm not going to get anything from my work, but i have been allowed 6 weeks leave. I have no PTO, or any benefits as far as work goes...that's why I'm eager to find out what I might be able to get from the State of California as far as family leave time and/or disability payments?

As far as I know, no. Nothing.

Also, as you're still an LPR, even though you would not qualify for benefits, your I-864 is still in play and your sponsors could be pursued to pay back the benefits you receive.

[edchels 5]

DO NOT CALL USCIS, this is not a immigration question.

There is no funds from the state for a parents post parental leave. You and your wife should have plan and saved extra funds for this period of time.

You do not have to take your six weeks period of time a the same time your wife will be on post maternity leave. You can take it after the wife has gone back to work if so desire.

We have saved, and we should be fine. I was just trying to clear up what we are allowed, and what we aren't. Thanks.

[edchels 5]

As far as I know, no. Nothing.

Also, as you're still an LPR, even though you would not qualify for benefits, your I-864 is still in play and your sponsors could be pursued to pay back the benefits you receive.

This is what I was wondering. I didn't know if it counted as a "means tested benefit" or not. Which is what my sponsor is responsible for. Thank You.

[MIDUVIL 34]

Maybe you are talking about that: Paid family leave

http://en.wikipedia.org/wiki/Paid_Family_Leave_%28California%29

Edited March 16, 2013 by MIDUVIL

[Villanelle 4,121]

That's why I'm so confused, I'm not disabled, but my CPA told me I'm allowed 6 weeks "bonding time" for a newborn, and should be able to receive some sort of funds from the state. In any case, I appreciate your reply... I guess I'll try calling USCIS.

The 6 weeks youre referring to is as others have explained- the 6 weeks youre allowed off work (unpaid) under the family medical leave act (FMLA) where you can take time off to bond with the baby and come back to your job.

You can attempt to go down an apply for welfare benefits during that time since you have no income during that period, however since 1- you are still covered under an aff of support anything you receive the person who signed the aff of support will be responsible for repaying, and 2- because it is a rather short time (6 weeks) that you will be short of income they may not give you anything.

So if you do wish to pursue this (keeping in mind your sponsor will be required to pay back what you receive, you need to contact the welfare dept in your state and see if you qualify.)

Your other option is to find out if your USC spouse or child qualify for aid. Any benefits they receive will not need to be paid back.