Hi, I work Part-time in the State of Texas in retail unfortunately. :(

I have recently learned that my Grandmother has become very ill, two heart attacks back to back. Anyway long story short...I want nothing more than to see her this Christmas, as it honestly may be the last, or one of the few left.

As she lived in Kansas City and I in Texas, I would need ..oh say...3 days to fly up..visit and come back.

Upon submitting my time off request, my boss told me all employees schedules are blocked from like November until February. No time off, or requesting time off during this period.

Now, being part-time is it legal for them to block me from taking 3 days to go see her?

If I request, and they block me from seeing her and ,god forbid, she passes...can I file against them?

I'm not a suing type for sure..but this has had me one my nerve's end.

Thanks for any help.

~Kyle

Now, being part-time is it legal for them to block me from taking 3 days to go see her?

Part-time, full-time, the employer can allow you to work under the conditions it sets. In this case, no leave until February.

If I request, and they block me from seeing her and ,god forbid, she passes...can I file against them?

On what grounds? I don't see FMLA applying since this is not an immediate family member, even if you could get a doctor to certify that your leave is necessary for you to care for your grandmother.

I'm not a suing type for sure..but this has had me one my nerve's end.

You brought up the topic.

It is entirely legal for an employer to have blackout periods where no employee is allowed to take leave. It doesn't matter if you're full time or part time.

If you are part time it is unlikely that you'd qualify for FMLA EVEN IF your grandmother were a qualified family member so no, you'd have no basis for suit.

It's harsh, I know, but your employer is on firm legal ground.

Part-time, full-time, the employer can allow you to work under the conditions it sets. In this case, no leave until February.



On what grounds? I don't see FMLA applying since this is not an immediate family member, even if you could get a doctor to certify that your leave is necessary for you to care for your grandmother.



You brought up the topic.

I never really planned to file, as I somewhat indicated. However, I would pull any string possible to make it happen. I want nothing more than to see her this Christmas.

So yes, I did bring up the topic. You know this being a...discussion board. ;)

What's important to me is seeing her...and I guess I was hoping I wouldn't have to quit jobs to make it happen....