I 

108TH CONGRESS 

2D SESSION H. R. 4954

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

for the immediate family members of a member of the uniformed services 

who dies in the line of duty to facilitate the attendance of immediate 

family members at the burial ceremony of the member, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. HONDA introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committees on 

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 

authorize leave for the immediate family members of 

a member of the uniformed services who dies in the 

line of duty to facilitate the attendance of immediate 

family members at the burial ceremony of the member, 

and for other purposes.

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

2 This Act may be cited as the ‘‘Military Families Be3 reavement Leave Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) As the 21st century begins, the United 

7 States faces new and unprecedented challenges in 

8 defending itself, including the need to combat and 

9 prevent global terrorism. 

10 (2) The men and women serving as members of 

11 the Armed Forces have made and continue to make 

12 prodigious sacrifices to protect and defend the 

13 United States. 

14 (3) In addition to the sacrifices made by mem15 bers of the Armed Forces, their loved ones must live 

16 without the aid and support of family members serv17 ing the United States overseas. 

18 (4) More than 830 members of the Armed 

19 Forces have lost their lives in military operations in 

20 Iraq, with over 600 of these members killed in ac21 tion, and more than 100 members have lost their 

22 lives in military operations in Afghanistan, bringing 

23 extraordinary hardship to their families in the 

24 United States. 

25 (5) The immense grief felt by the families of 

26 these members who have made the ultimate sacrifice 
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1 on behalf of the United States is compounded by the 

2 need of family members to miss work and other re3 sponsibilities in order to attend to burial duties, fu4 neral services, and related family concerns, causing 

5 additional economic and personal hardship. 

6 (6) Just as those people in the United States 

7 who face the challenges of growing families or unex8 pected medical emergencies have benefited from the 

9 Family and Medical Leave Act of 1993, so too will 

10 military families, who continue to make brave sac11 rifices on behalf of the United States, gain as a re12 sult of access to the benefits of this Act. 

13 (7) More than 60 percent of public and private 

14 sector employees working in the United States work 

15 for covered employers and meet the eligibility cri16 teria of the Family and Medical Leave Act of 1993. 

17 (8) While 140,000 members of the Armed 

18 Forces remain in Iraq, Afghanistan, and other dan19 gerous places throughout the world, their families 

20 continue to face the possible danger of meeting their 

21 economic needs without the support of a full family 

22 and with limited assistance from outside sources. 
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1 SEC. 3. FAMILY AND MEDICAL LEAVE IN CONNECTION 

2 WITH DEATH OF MEMBER OF THE UNI3 FORMED SERVICES. 

4 Section 102(a) of the Family and Medical Leave Act 

5 of 1993 (29 U.S.C. 2612(a)) is amended by adding after 

6 paragraph (2) the following new paragraph: 

7 ‘‘(3) DEATH OF MEMBER OF UNIFORMED SERV8 ICES IN LINE OF DUTY.—

9 ‘‘(A) IN GENERAL.—An eligible employee 

10 shall be entitled to a total of seven days of leave 

11 because of the death of a parent, spouse, son, 

12 daughter, or person for whom the employee 

13 serves as designated representative under sec14 tion 1482(c) of title 10, United States Code, if 

15 the deceased died in the line of duty as a mem16 ber of the uniformed services. Such leave is in17 tended to permit the employee to prepare for or 

18 attend the burial ceremony of the deceased 

19 member of the uniformed services and may be 

20 paid or unpaid leave. 

21 ‘‘(B) TREATMENT OF FEDERAL OFFICERS

22 AND EMPLOYEES AS ELIGIBLE EMPLOYEES.—

23 For purposes of this paragraph, the exclusion 

24 under section 101(2)(B)(i) of a Federal officer 
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1 or employee as an eligible employee shall not 

2 apply.’’.

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