Benching
The LCA regulations require an employer to pay its H-1B workers at all times, even during non-productive status, except during voluntary leave of absence.
Benching is when an H-1B worker who is in a nonproductive status because of lack of assigned work, lack of a permit or license, or some other employment-related reason, stops receiving payments from the employer during that time without termination of employment. Benching is against the law!
According to the Department of Labor, benching of H-1B employees is not allowed. If business is slowing down or the H-1B employees have no work to do, the employer must continue to pay the H-1B employee for his/her wages or terminate the employment.
It is required that employers with H-1B workers for whom they have no work, terminate those employees and and withdraw their H-1B petitions. If the employer has some work, it may be worth amending the H-1B petition for part-time employment.
Voluntary Leave of Absence
An employer is not required to pay wages to an H-1B worker in nonproductive status due to conditions unrelated to employment which, remove the H-1B worker from his/her duties at their "voluntary request and convenience" or which render them unable to work (i.e., caring for a relative who is ill, maternity leave, or a temporarily incapacitating accident).
