I 

113TH CONGRESS 

1ST SESSION H. R. 515 

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

because of the death of a son or daughter. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2013 

Mr. ISRAEL (for himself, Mr. GRIJALVA, Mr. HONDA, Ms. NORTON, Ms. 

DELAURO, Mr. GEORGE MILLER of California, Mr. CLAY, and Mr. 

SERRANO) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform and House Administration, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

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 2013’’ or the ‘‘Sarah Grace-Farley-Kluger Act’’. 


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

2 OR DAUGHTER. 

3 (a) FAMILY LEAVE.— 

4 (1) ENTITLEMENT TO LEAVE.—Section 

5 102(a)(1) of the Family and Medical Leave Act of 

6 1993 (29 U.S.C. 2612(a)(1)) is amended by adding 

7 at the end the following new subparagraph: 

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

9 daughter.’’. 

10 (2) REQUIREMENTS RELATING TO LEAVE.— 

11 (A) SCHEDULE.—Section 102(b)(1) of 

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

13 inserting after the third sentence the following 

14 new sentence: ‘‘Leave under subsection 

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

16 intermittently or on a reduced leave schedule 

17 unless the employee and the employer of the 

18 employee agree otherwise.’’. 

19 (B) SUBSTITUTION OF PAID LEAVE.—Sec20 tion 102(d)(2)(B) of such Act (29 U.S.C. 

21 2612(d)(2)(B)) is amended, in the first sen22 tence, by striking ‘‘(C) or (D)’’ and inserting 

23 ‘‘(C), (D), or (F)’’. 

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

25 (29 U.S.C. 2612(e)) is amended by adding at 

26 the end the following new paragraph: 


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

2 SON OR DAUGHTER.—In any case in which the ne3 cessity for leave under subsection (a)(1)(F) is fore4 seeable, the employee shall provide such notice to the 

5 employer as is reasonable and practicable.’’. 

6 (D) SPOUSES EMPLOYED BY SAME EM7 PLOYER.—Section 102(f)(1)(A) of such Act (29 

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

9 ‘‘subparagraph (A) or (B)’’ and inserting ‘‘sub10 paragraph (A), (B), or (F)’’. 

11 (E) CERTIFICATION REQUIREMENTS.— 

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

13 amended by adding at the end the following: 

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

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

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

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

18 as the Secretary may by regulation prescribe. If the Sec19 retary issues a regulation requiring such certification, the 

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

21 certification to the employer.’’. 

22 (F) FAILURE TO RETURN FROM LEAVE.— 

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

24 is amended— 


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1 (i) in paragraph (2)(B)(i), by insert2 ing before the semicolon the following: ‘‘, 

3 or a death that entitles the employee to 

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

5 (ii) in paragraph (3)(A)— 

6 (I) in the matter preceding clause 

7 (i), by inserting ‘‘, or the death,’’ be8 fore ‘‘described’’; 

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

10 ‘‘or’’ at the end; 

11 (III) by redesignating clause (iii) 

12 as clause (iv); and 

13 (IV) by inserting after clause (ii) 

14 the following: 

15 ‘‘(iii) a certification that meets such 

16 requirements as the Secretary may by reg17 ulation prescribe, in the case of an em18 ployee unable to return to work because of 

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

20 or’’. 

21 (G) EMPLOYEES OF LOCAL EDUCATIONAL

22 AGENCIES.—Section 108 of such Act (29 

23 U.S.C. 2618) is amended— 

24 (i) in subsection (c)— 

25 (I) in paragraph (1)— 


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1 (aa) in the matter preceding 

2 subparagraph (A), by inserting 

3 after ‘‘medical treatment’’ the 

4 following: ‘‘, or under section 

5 102(a)(1)(F) that is foresee6 able,’’; and 

7 (bb) in subparagraph (A), 

8 by inserting after ‘‘to exceed’’ the 

9 following: ‘‘(except in the case of 

10 leave under section 

11 102(a)(1)(F))’’; and 

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

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

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

15 102(e), as applicable’’; and 

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

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

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

19 (b) FAMILY LEAVE FOR CIVIL SERVICE EMPLOY20 EES.— 

21 (1) ENTITLEMENT TO LEAVE.—Section 

22 6382(a)(1) of title 5, United States Code, is amend23 ed by adding at the end the following: 

24 ‘‘(F) Because of the death of a son or daugh25 ter.’’. 


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1 (2) REQUIREMENTS RELATING TO LEAVE.— 

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

3 such title is amended by inserting after the 

4 third sentence the following new sentence: 

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

6 taken by an employee intermittently or on a re7 duced leave schedule unless the employee and 

8 the employing agency of the employee agree 

9 otherwise.’’. 

10 (B) SUBSTITUTION OF PAID LEAVE.—Sec11 tion 6382(d) of such title is amended, in the 

12 first sentence, by striking ‘‘or (E)’’ and insert13 ing ‘‘(E), or (F)’’. 

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

15 is amended by adding at the end the following 

16 new paragraph: 

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

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

19 shall provide such notice to the employing agency as is 

20 reasonable and practicable.’’. 

21 (D) CERTIFICATION REQUIREMENTS.— 

22 Section 6383 of such title is amended by adding 

23 at the end the following: 

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

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


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1 certification issued at such time and in such manner as 

2 the Office of Personnel Management may by regulation 

3 prescribe. If the Office issues a regulation requiring such 

4 certification, the employee shall provide, in a timely man5 ner, a copy of such certification to the employer.’’. 

Æ 


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