British Expats

British Expats (https://britishexpats.com/forum/)
-   USA (https://britishexpats.com/forum/usa-57/)
-   -   Just found out pregnant (yay) but need advice on US laws (https://britishexpats.com/forum/usa-57/just-found-out-pregnant-yay-but-need-advice-us-laws-637417/)

buckers Oct 25th 2009 10:10 am

Just found out pregnant (yay) but need advice on US laws
 
Hi all

Hope somone can help with a question i have. We have just had my hubbies L1 visa approved (yay) and will be flying over 31st Oct to start our new life with our 2 children. However i have just found out i am now pregnant and whilst we are over the moon with it, there are now some further worries and questions that i have as i am not familiar with the US law on pregnancy and work etc etc

I had every intention of looking for work as soon as i could when we got over there (after the receiving the SSN etc etc). We have rented a property for a year with the intention of buying property at the end of the rental agreement and my wage would have supported a nice deposit on the property. As i am early in the pregnancy, i would still like to start work even if its only a contract job (i am a telecoms project manager), just to help with getting our deposit to be a nice healthy sum. So my questions are this:

1. Do i need to declare to any potential employer that i am pregnant. Whilst i would never go into any employer with the intention to deceive i wouldnt want my pregnancy to be the one thing that would stop me from getting it.
2. Is an employer allowed to ask if i am pregnat or looking at adding to my family (in the UK they ask this anymore)


Any help would be really appreciated on this, its an unexpected suprise but i am so unsure about the whole process for pregnancy (although looking at that along with the insurance cover my hubbies company provide) and working etc.

Thanks again for taking the time to read this through. Cant wait to get over there next week.

Tracie

sarahlou145 Oct 25th 2009 11:25 am

Re: Just found out pregnant (yay) but need advice on US laws
 
Cant answer your questions, but congratulations on the pregnancy :thumbsup:

Rete Oct 25th 2009 12:35 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by buckers (Post 8043169)
Hi all

1. Do i need to declare to any potential employer that i am pregnant. Whilst i would never go into any employer with the intention to deceive i wouldnt want my pregnancy to be the one thing that would stop me from getting it.

No


2. Is an employer allowed to ask if i am pregnat or looking at adding to my family (in the UK they ask this anymore)
No



Any help would be really appreciated on this, its an unexpected suprise but i am so unsure about the whole process for pregnancy (although looking at that along with the insurance cover my hubbies company provide) and working etc.

Thanks again for taking the time to read this through. Cant wait to get over there next week.

Tracie

Kaffy Mintcake Oct 25th 2009 12:41 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by buckers (Post 8043169)
Hi all

So my questions are this:

1. Do i need to declare to any potential employer that i am pregnant. Whilst i would never go into any employer with the intention to deceive i wouldnt want my pregnancy to be the one thing that would stop me from getting it.
2. Is an employer allowed to ask if i am pregnat or looking at adding to my family (in the UK they ask this anymore)

To follow-up on what Rete said, it is illegal for them to ask if you are pregnant or looking to add to your family. (Add to this asking about your marital status, religion, etc.)

That being said, don't offer this information. I've had one instance in my career where a promotion was almost denied to a woman on these grounds ... had we not called the hiring manager out on this it would have been. It could be in the back of someone's mind and as long as they didn't vocalize the reason for non-hire it would be tough to prove the discrimination. I think it's more common anyway to tell your employer once you're 3 months along and it looks like things are progressing as expected.

NYCbound Oct 25th 2009 12:59 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by buckers (Post 8043169)
Hi all

Hope somone can help with a question i have. We have just had my hubbies L1 visa approved (yay) and will be flying over 31st Oct to start our new life with our 2 children. However i have just found out i am now pregnant and whilst we are over the moon with it, there are now some further worries and questions that i have as i am not familiar with the US law on pregnancy and work etc etc

I had every intention of looking for work as soon as i could when we got over there (after the receiving the SSN etc etc). We have rented a property for a year with the intention of buying property at the end of the rental agreement and my wage would have supported a nice deposit on the property. As i am early in the pregnancy, i would still like to start work even if its only a contract job (i am a telecoms project manager), just to help with getting our deposit to be a nice healthy sum. So my questions are this:

1. Do i need to declare to any potential employer that i am pregnant. Whilst i would never go into any employer with the intention to deceive i wouldnt want my pregnancy to be the one thing that would stop me from getting it.
2. Is an employer allowed to ask if i am pregnat or looking at adding to my family (in the UK they ask this anymore)


Any help would be really appreciated on this, its an unexpected suprise but i am so unsure about the whole process for pregnancy (although looking at that along with the insurance cover my hubbies company provide) and working etc.

Thanks again for taking the time to read this through. Cant wait to get over there next week.

Tracie

Oh wow!
Congratulations!!!!!

ian-mstm Oct 25th 2009 2:44 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by buckers (Post 8043169)
1. Do i need to declare to any potential employer that i am pregnant.

Absolutely not. This is your private business and, despite the urge to be forthcoming with a potential employer, you will shoot yourself in the food for even bringing it up. In the US, it ranks right up there with the US military's position on homosexuality... don't ask, don't tell.



2. Is an employer allowed to ask if i am pregnat or looking at adding to my family (in the UK they ask this anymore)
No. It is illegal for an employer to ask such questions. An employer is also not allowed to ask you about your immigration status. At best, he can ask only if you are legally allowed to work in the US - and that is a yes/no question. Further, the employer can *not* specify what documents are acceptable when completing form I-9.

Ian

JAJ Oct 25th 2009 2:51 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by buckers (Post 8043169)
Hi all

Hope somone can help with a question i have. We have just had my hubbies L1 visa approved (yay) and will be flying over 31st Oct to start our new life with our 2 children. However i have just found out i am now pregnant and whilst we are over the moon with it, there are now some further worries and questions that i have as i am not familiar with the US law on pregnancy and work etc etc

Others have answered your particular questions but you should also be aware that your child, born in the USA, will be a US citizen.

Also a British citizen by descent, provided one of you was born in Britain.

Make sure you fully document both citizenships, it will be a lot more hassle to do so later on.

Unfortunately, your US citizen child won't help (or hinder) you to get a green card, until age 21.

buckers Oct 25th 2009 3:46 pm

Re: Just found out pregnant (yay) but need advice on US laws
 
Thanks everyone. Thankfully i am in the early stages so definately not showing yet (4 other children have helped with that ha ha). Will read up further on it all. I am not looking to seek any maternity pay or anything like that......its more for this side of the pregnancy rather than the other side but will investigate the rules on returning to work from both the employers and employees side just to be sure.

Thanks again for your advice and well wishes. Cant believe one of our children will be the only American/British one in the family right at the start of our adventure

Thanks again guys

AmerLisa Oct 25th 2009 3:52 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by buckers (Post 8043821)
Thanks everyone. Thankfully i am in the early stages so definately not showing yet (4 other children have helped with that ha ha). Will read up further on it all. I am not looking to seek any maternity pay or anything like that......its more for this side of the pregnancy rather than the other side but will investigate the rules on returning to work from both the employers and employees side just to be sure.

Thanks again for your advice and well wishes. Cant believe one of our children will be the only American/British one in the family right at the start of our adventure

Thanks again guys

Congratulations on the pregnancy! :) You should know that this country has no maternity pay, even if you did want it. :( Its a different ballgame here and certainly will cost rather than be free. I'm not trying to be a pessimist, but certainly want you to have a good look at your husband's insurance and what it covers. ;) Take care and good luck on everything. :)

Ash UK/US Oct 25th 2009 3:58 pm

Re: Just found out pregnant (yay) but need advice on US laws
 
'Declaring' your preganancy may not even be an issue, depending on your build, by the time you get here, apply for jobs and actually get to an interview it may well be obivious you are pregnant! Getting a job is not always a quick process.

penguinsix Oct 25th 2009 4:53 pm

Re: Just found out pregnant (yay) but need advice on US laws
 
You child will be a US citizen if born here, and that is something he will be unable to renounce (if so desired) until he is 18. You will not be able to renounce it either on his behalf.

As an American, there are a few quirks you'll need to know about.

* They will have to enter the US on a US passport, even if he has a UK one.
* They will have to file a US tax return annually no matter where in the world he lives.
* They (if a boy) will have to register for military conscription when they turn 18. Of course there hasn't been a draft in nearly 40 years but he does have to fill out the form when he turns 18.

On the plus side, he can legally run for President of the United States as a natural born American as a person has to be born in the US to run for President.

MsElui Oct 25th 2009 4:57 pm

Re: Just found out pregnant (yay) but need advice on US laws
 
and you mention the ssn- but its not that which allows you to work but the EAD (employment authorisation) - and that is quoted at about 90 days to get and you cant even apply until you step foot into the country! so likely you will be showing in 3 months from arrival!

When you arrive ask you husbands co-workes/wives or neighbours etc for a recommendation for a good OB/GYN and then book an appointment asap. They will want to see any records you have to date (so take a copy of your NHS maternity pack with the blood test results etc) and they will give you a price package for the whole birth and pre/post natal checks. What is covered from that price will be down to your insurance - ours covered an 'in network' OB at 80% . (Make sure you understand the concept of 'in network' and make certain the OB/GYN you use (and any lab THEY use) is IN network to get the best coverage). remember you will also need to chose a hospital to give birth in (one that your chosen OB covers) and that the hospital itself will send you a bill for the use of its facilities etc - (our policy would have covered our hospital at 80% but we didnt in the end use a hospital). If there are any emergencies with the pregnancy/birth etc the costs can escalate hugely - ie rooms in the premature babies area costs thousands of dollars a day!

As this is your 5th child - you may be interested in a home birth - if so let me know and i can tell you more as thats how i had my third child here in the us after 2 in the Uk). The US medical system is a lot more 'intrusive' and arse covering that the UK - but some people feel a lot happier with that! You dont need to pay for a hospital room should the birth stay at 'home' but would if you needed tansferring to hospital. Also need to check whether your insurance would cover it - mine said the midwives were out of network so i only got 60% covered and a $900 deductible as well - but it staill worked out a tonne cheaper than an OB and a hospital bill at 80% - but i was low risk!

penguinsix Oct 25th 2009 5:08 pm

Re: Just found out pregnant (yay) but need advice on US laws
 

Originally Posted by MsElui (Post 8043930)
remember you will also need to chose a hospital to give birth in (one that your chosen OB covers) and that the hospital itself will send you a bill for the use of its facilities etc - (our policy would have covered our hospital at 80% but we didnt in the end use a hospital).

This is an important bit. Doctors have 'rights' to use certain hospitals and not others, so if your OB is affiliated with one hospital, that's basically the hospital you'll use for delivery. In addition some pediatricians support certain hospitals and not others, so if you want your pediatrician to be there on the first day to check your child you'll be looking for a service that uses such and such hospital.

There is a forum for mothers in the DC metropolitan area, http://www.dcurbanmom.com/ You can get advice on everything from day care to hospitals to OBs and flu shots, etc. Worth checking out (but note nearly all postings are anonymous and flame wars start quickly).

meauxna Oct 25th 2009 5:36 pm

Re: Just found out pregnant (yay) but need advice on US laws
 
Congrats on all your good news, buckers!

FYI for all, the EAD for an L-2 seems to come MUCH faster than other types (I don't know why). There was one posted this week that took 3 weeks from application. http://britishexpats.com/forum/showthread.php?t=637177

Bob Oct 26th 2009 12:40 am

Re: Just found out pregnant (yay) but need advice on US laws
 
Employers can't ask and they can't not give you a job because you are pregnant.

Depending on the state though, right to fire, they might just sack you without giving reason, or just not hire you.

Also, depending on state, maternity leave is a joke, lucky to get 6 weeks unpaid.

People have mentioned looking into hospitals etc...read the fine print of your medical insurance, see if they cover stuff such as a tour of the hospital, pre natal classes for both you and husband, see how many days you get in hospital, probably no more than 48 hours, see if all scans are covered etc...see if the stand in doctor is covered by your insurance - practice might be, your doctor might be but that doesn't mean the partner is and if your doctor is on holiday you don't want to suddenly find a huge medical bill come by....that usually shouldn't be a problem but it can be, especially if the partner is new to the practice...some one we know had this very issue occur.


All times are GMT. The time now is 1:37 pm.

Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.