The bill grants parents of deceased children substantial, job‑protected bereavement leave and aligns federal rules, but it also limits flexibility and may compel paid leave use and documentation while imposing time and spousal‑leave constraints that could reduce net time available to grieve.
Parents and family members who lose a son or daughter gain a new, job‑protected 12‑workweek bereavement leave, allowing extended time off without risk of job loss.
Eligible federal employees receive parallel bereavement leave protections, aligning federal workforce rules with the new private‑sector leave and ensuring job protection for affected federal workers.
Workers may substitute paid leave for unpaid bereavement leave, helping grieving employees maintain income while taking time off.
Employees cannot take the bereavement leave intermittently or on a reduced schedule without employer consent, limiting flexibility in how grieving workers use their time off.
Employers may require substitution of paid leave and impose certification/documentation requirements, which can force use of paid time and create administrative or privacy burdens for grieving employees.
When both spouses work for the same employer, the extended spousal combined‑leave rule may reduce the total amount of leave available to each spouse, limiting families' overall time to grieve or manage arrangements.
Based on analysis of 2 sections of legislative text.
Adds a 12-workweek FMLA entitlement for the death of a son or daughter and updates notice, certification, scheduling, and related civil-service and school rules.
Introduced April 6, 2026 by Brad Schneider · Last progress April 6, 2026
Creates a new Family and Medical Leave Act (FMLA) leave right that lets eligible employees take up to 12 workweeks of leave for the death of a son or daughter. It expands the FMLA definition of “son or daughter,” sets notice and certification rules, limits intermittent use unless both parties agree, allows paid leave substitution, and aligns related federal civil-service and school-employee rules. Also authorizes the Secretary of Labor to require certification for bereavement leave and lets employers require Secretary-prescribed certification when an employee cannot return to work because of such a death. The bill preserves existing timing limits for birth/placement leave and adds a 12-month expiration rule for bereavement leave, but does not provide new funding.