Parental Bereavement Act of 2026

Summary

Adds a new, distinct FMLA-qualifying bereavement leave for the death of an employee's son or daughter. The leave is available for up to a 12-month period beginning on the date of death, may require certification if regulations are issued, allows substitution of paid leave, limits intermittent or reduced-schedule use unless the employer agrees, and applies existing spouse-same-employer limits and failure-to-return rules. The change also updates parallel federal civil service and local education employee rules to reflect the new leave category.

• Establishes a new FMLA leave category for the death of a son or daughter lasting up to 12 months from the date of death.
• Intermittent or reduced-schedule use of this bereavement leave is barred unless the employer agrees.
• Employers may require certification under regulations the Secretary may issue; employees must provide timely certification if regulations are issued.
• Substitution of accrued paid leave is allowed following existing FMLA substitution rules.
• Existing FMLA rules on notice, failure-to-return recoupment, and spouse-same-employer limits apply to this leave.
• Makes conforming changes for federal civil service leave rules and local educational agency employee rules.
• Does not appropriate funding or change tax law; it creates an entitlement and administrative obligations for covered employers.
• Applies to employees covered by FMLA—private employers meeting FMLA thresholds, federal employees, and public-school employees covered by FMLA rules.