is it legal for and employer to deny leave to visit a dieing grandparent

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

is it legal for and employer to deny leave to visit a dieing grandparent

I was working in Afghanistan and had a grandparent become very ill, the only choice my company gave me to visit was to quit.

Asked on March 18, 2016 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, this is legal. At least if such an action does not violate the terms of any applicable union agreement or employment contract. Also, it must not constitute some form of legal ly actionable discrimination. That having been said, if you have PTO (e.g. vacation time), you could use that, otherwise you are out of luck. Even if you had to leave in order to take care of your grandparent (versus visiting them), you would not be covered by the Family Medical Leave Act (FMLA) since parents but not grandparents are covered (also other eligibility requirements may or may not be met). Bottom line, in an "at will" work relationship, an employer can set the conditons of the workplace much as it sees fit. This includes who does or doesn't get leave time to visit a gravely ill relative.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption