II 

112TH CONGRESS 

1ST SESSION S. 1358 

To amend the Family and Medical Leave Act of 1993 to provide leave 

because of the death of a son or daughter. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2011 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Family and Medical Leave Act of 1993 to 

provide leave because of the death of a son or daughter. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Parental Bereavement 

5 Act of 2011’’. 

6 SEC. 2. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON 

7 OR DAUGHTER. 

8 (a) FAMILY LEAVE.— 

9 (1) ENTITLEMENT TO LEAVE.—Section 

10 102(a)(1) of the Family and Medical Leave Act of 


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1 1993 (29 U.S.C. 2612(a)(1)) is amended by adding 

2 at the end the following new subparagraph: 

3 ‘‘(F) Because of the death of a son or 

4 daughter.’’. 

5 (2) REQUIREMENTS RELATING TO LEAVE.— 

6 (A) SCHEDULE.—Section 102(b)(1) of 

7 such Act (29 U.S.C. 2612(b)(1)) is amended by 

8 inserting after the third sentence the following 

9 new sentence: ‘‘Leave under subsection 

10 (a)(1)(F) shall not be taken by an employee 

11 intermittently or on a reduced leave schedule 

12 unless the employee and the employer of the 

13 employee agree otherwise.’’. 

14 (B) SUBSTITUTION OF PAID LEAVE.—Sec15 tion 102(d)(2)(B) of such Act (29 U.S.C. 

16 2612(d)(2)(B)) is amended, in the first sen17 tence, by striking ‘‘(C) or (D)’’ and inserting 

18 ‘‘(C), (D), or (F)’’. 

19 (C) NOTICE.—Section 102(e) of such Act 

20 (29 U.S.C. 2612(e)) is amended by adding at 

21 the end the following new paragraph: 

22 ‘‘(4) NOTICE FOR LEAVE DUE TO DEATH OF A

23 SON OR DAUGHTER.—In any case in which the ne24 cessity for leave under subsection (a)(1)(F) is foreVerDate Mar 15 2010 00:17 Jul 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1358.IS S1358

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1 seeable, the employee shall provide such notice to the 

2 employer as is reasonable and practicable.’’. 

3 (D) SPOUSES EMPLOYED BY SAME EM4 PLOYER.—Section 102(f)(1)(A) of such Act (29 

5 U.S.C. 2612(f)(1)(A)) is amended by striking 

6 ‘‘subparagraph (A) or (B)’’ and inserting ‘‘sub7 paragraph (A), (B), or (F)’’. 

8 (E) CERTIFICATION REQUIREMENTS.— 

9 Section 103 of such Act (29 U.S.C. 2613) is 

10 amended by adding at the end the following: 

11 ‘‘(g) CERTIFICATION RELATED TO THE DEATH OF

12 A SON OR DAUGHTER.—An employer may require that a 

13 request for leave under section 102(a)(1)(F) be supported 

14 by a certification issued at such time and in such manner 

15 as the Secretary may by regulation prescribe. If the Sec16 retary issues a regulation requiring such certification, the 

17 employee shall provide, in a timely manner, a copy of such 

18 certification to the employer.’’. 

19 (F) FAILURE TO RETURN FROM LEAVE.— 

20 Section 104(c) of such Act (29 U.S.C. 2614(c)) 

21 is amended— 

22 (i) in paragraph (2)(B)(i), by insert23 ing before the semicolon the following: ‘‘, 

24 or a death that entitles the employee to 

25 leave under section 102(a)(1)(F)’’; and 


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1 (ii) in paragraph (3)(A)— 

2 (I) in the matter preceding clause 

3 (i), by inserting ‘‘, or the death,’’ be4 fore ‘‘described’’; 

5 (II) in clause (ii), by striking 

6 ‘‘or’’ at the end; 

7 (III) by redesignating clause (iii) 

8 as clause (iv); and 

9 (IV) by inserting after clause (ii) 

10 the following: 

11 ‘‘(iii) a certification that meets such 

12 requirements as the Secretary may by reg13 ulation prescribe, in the case of an em14 ployee unable to return to work because of 

15 a death specified in section 102(a)(1)(F); 

16 or’’. 

17 (G) EMPLOYEES OF LOCAL EDUCATIONAL

18 AGENCIES.—Section 108 of such Act (29 

19 U.S.C. 2618) is amended— 

20 (i) in subsection (c)— 

21 (I) in paragraph (1)— 

22 (aa) in the matter preceding 

23 subparagraph (A), by inserting 

24 after ‘‘medical treatment’’ the 

25 following: ‘‘, or under section 


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1 102(a)(1)(F) that is foresee2 able,’’; and 

3 (bb) in subparagraph (A), 

4 by inserting after ‘‘to exceed’’ the 

5 following: ‘‘(except in the case of 

6 leave under section 

7 102(a)(1)(F))’’; and 

8 (II) in paragraph (2), by striking 

9 ‘‘section 102(e)(2)’’ and inserting 

10 ‘‘paragraphs (2) and (4) of section 

11 102(e), as applicable’’; and 

12 (ii) in subsection (d), in paragraph (2) 

13 and (3), by striking ‘‘or (C)’’ each place it 

14 appears and inserting ‘‘(C), or (F)’’. 

15 (b) FAMILY LEAVE FOR CIVIL SERVICE EMPLOY16 EES.— 

17 (1) ENTITLEMENT TO LEAVE.—Section 

18 6382(a)(1) of title 5, United States Code, is amend19 ed by adding at the end the following: 

20 ‘‘(F) Because of the death of a son or daugh21 ter.’’. 

22 (2) REQUIREMENTS RELATING TO LEAVE.— 

23 (A) SCHEDULE.—Section 6382(b)(1) of 

24 such title is amended by inserting after the 

25 third sentence the following new sentence: 


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1 ‘‘Leave under subsection (a)(1)(F) shall not be 

2 taken by an employee intermittently or on a re3 duced leave schedule unless the employee and 

4 the employing agency of the employee agree 

5 otherwise.’’. 

6 (B) SUBSTITUTION OF PAID LEAVE.—Sec7 tion 6382(d) of such title is amended, in the 

8 first sentence, by striking ‘‘or (E)’’ and insert9 ing ‘‘(E), or (F)’’. 

10 (C) NOTICE.—Section 6382(e) of such title 

11 is amended by adding at the end the following 

12 new paragraph: 

13 ‘‘(4) In any case in which the necessity for leave 

14 under subsection (a)(1)(F) is foreseeable, the employee 

15 shall provide such notice to the employing agency as is 

16 reasonable and practicable.’’. 

17 (D) CERTIFICATION REQUIREMENTS.— 

18 Section 6383 of such title is amended by adding 

19 at the end the following: 

20 ‘‘(g) An employing agency may require that a request 

21 for leave under section 6382(a)(1)(F) be supported by a 

22 certification issued at such time and in such manner as 

23 the Office of Personnel Management may by regulation 

24 prescribe. If the Office issues a regulation requiring such 


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1 certification, the employee shall provide, in a timely man2 ner, a copy of such certification to the employer.’’. 

Æ 


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