The bill creates a meaningful, job‑protected 12‑workweek bereavement leave for parents (including federal workers) and preserves income options via paid‑leave substitution, but it limits flexibility, may force use of paid time and documentation, and can reduce available leave for couples working for the same employer.
Parents and other family members of a deceased son or daughter gain up to 12 workweeks of job‑protected bereavement leave, giving substantial time to grieve without risking termination or loss of employment benefits.
Workers can substitute available paid leave for the new bereavement leave, helping grieving employees maintain income during time off.
The law establishes clearer notice and certification procedures for bereavement leave, creating more predictable expectations and reducing dispute risk between workers and employers about timing and documentation.
When both spouses work for the same employer, the combined‑leave rule can reduce the total leave available to each spouse, limiting time off for dual‑earner families.
Employees are barred from taking the bereavement leave intermittently or on a reduced schedule unless the employer agrees, restricting flexibility for parents who need nonconsecutive or part‑time time off while grieving.
Employers may require use of paid leave and regulatory certification, which can force grieving employees to expend limited paid time and impose documentation burdens during a sensitive period.
Based on analysis of 2 sections of legislative text.
Adds a 12-workweek FMLA entitlement for the death of a son or daughter, defines terms, adds certification/notice rules, and aligns civil service leave.
Official title: To amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter, and for other purposes.
Introduced April 6, 2026 by Brad Schneider · Last progress April 6, 2026
Creates a new category of FMLA leave giving eligible employees up to 12 workweeks of leave after the death of a son or daughter, updates the statutory definition of “son or daughter,” and adds procedural rules on notice, intermittent use, paid-leave substitution, and certification. It also aligns related rules for school instructional employees and federal civil service leave provisions to cover this bereavement leave and adds a 12-month limit on entitlement to use the leave after a qualifying death.