II 

117TH CONGRESS 

1ST SESSION S. 2935 

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 

OCTOBER 5, 2021 

Mr. TESTER (for himself, Mr. BLUMENTHAL, Mrs. GILLIBRAND, Mr. VAN

HOLLEN, Ms. BALDWIN, Mr. WHITEHOUSE, Mr. BOOKER, Mr. DURBIN, 

Mr. MARKEY, Mr. LEAHY, and Ms. DUCKWORTH) 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 2021’’ or the ‘‘Sarah Grace-Farley-Kluger Act’’. 

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

7 OR DAUGHTER. 

8 (a) FAMILY LEAVE.— 


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1 (1) ENTITLEMENT TO LEAVE.—Section 

2 102(a)(1) of the Family and Medical Leave Act of 

3 1993 (29 U.S.C. 2612(a)(1)) is amended by adding 

4 at the end the following new subparagraph: 

5 ‘‘(G) Because of the death of a son or 

6 daughter.’’. 

7 (2) REQUIREMENTS RELATING TO LEAVE.— 

8 (A) SCHEDULE.—Section 102(b)(1) of 

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

10 inserting after the third sentence the following 

11 new sentence: ‘‘Leave under subsection 

12 (a)(1)(G) shall not be taken by an employee 

13 intermittently or on a reduced leave schedule 

14 unless the employee and the employer of the 

15 employee agree otherwise.’’. 

16 (B) SUBSTITUTION OF PAID LEAVE.—Sec17 tion 102(d)(2)(B) of such Act (29 U.S.C. 

18 2612(d)(2)(B)) is amended, in the first sen19 tence, by striking ‘‘(C) or (D)’’ and inserting 

20 ‘‘(C), (D), or (G)’’. 

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

22 (29 U.S.C. 2612(e)) is amended by adding at 

23 the end the following new paragraph: 

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

25 SON OR DAUGHTER.—In any case in which the neVerDate Sep 11 2014 01:53 Oct 06, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2935.IS S2935

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1 cessity for leave under subsection (a)(1)(G) is fore2 seeable, the employee shall provide such notice to the 

3 employer as is reasonable and practicable.’’. 

4 (D) SPOUSES EMPLOYED BY SAME EM5 PLOYER.—Section 102(f)(1)(A) of such Act (29 

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

7 ‘‘subparagraph (A) or (B)’’ and inserting ‘‘sub8 paragraph (A), (B), or (G)’’. 

9 (E) CERTIFICATION REQUIREMENTS.— 

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

11 amended by adding at the end the following: 

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

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

14 request for leave under section 102(a)(1)(G) be supported 

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

16 as the Secretary may by regulation prescribe. If the Sec17 retary issues a regulation requiring such certification, the 

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

19 certification to the employer.’’. 

20 (F) FAILURE TO RETURN FROM LEAVE.— 

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

22 is amended— 

23 (i) in paragraph (2)(B)(i), by insert24 ing before the semicolon the following: ‘‘, 


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1 or a death that entitles the employee to 

2 leave under section 102(a)(1)(G)’’; and 

3 (ii) in paragraph (3)(A)— 

4 (I) in the matter preceding clause 

5 (i), by inserting ‘‘, or the death,’’ be6 fore ‘‘described’’; 

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

8 ‘‘or’’ at the end; 

9 (III) by redesignating clause (iii) 

10 as clause (iv); and 

11 (IV) by inserting after clause (ii) 

12 the following: 

13 ‘‘(iii) a certification that meets such 

14 requirements as the Secretary may by reg15 ulation prescribe, in the case of an em16 ployee unable to return to work because of 

17 a death specified in section 102(a)(1)(G); 

18 or’’. 

19 (G) EMPLOYEES OF LOCAL EDUCATIONAL

20 AGENCIES.—Section 108 of such Act (29 

21 U.S.C. 2618) is amended— 

22 (i) in subsection (c)(1)— 

23 (I) in the matter preceding sub24 paragraph (A), by inserting after 

25 ‘‘medical treatment’’ the following: ‘‘, 


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1 or under section 102(a)(1)(G) that is 

2 foreseeable,’’; and 

3 (II) in subparagraph (A), by in4 serting after ‘‘to exceed’’ the fol5 lowing: ‘‘(except in the case of leave 

6 under section 102(a)(1)(G))’’; 

7 (ii) in subsection (c)(2), by striking 

8 ‘‘section 102(e)(2)’’ and inserting ‘‘para9 graphs (2) and (4) of section 102(e), as 

10 applicable’’; and 

11 (iii) in subsection (d), in paragraphs 

12 (2) and (3), by striking ‘‘or (C)’’ each 

13 place it appears and inserting ‘‘(C), or 

14 (G)’’. 

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)(1) 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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