[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5031 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5031
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 13, 2021
Mr. Schneider (for himself, Mr. Gonzalez of Ohio, Mr. Beyer, and Mr.
Hill) introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committees on
Oversight and 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, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Bereavement Act of 2021''
or the ``Sarah Grace-Farley-Kluger Act''.
SEC. 2. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER.
(a) Family Leave.--
(1) Entitlement to leave.--Section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended
by adding at the end the following new subparagraph:
``(G) Because of the death of a son or daughter.''.
(2) Requirements relating to leave.--
(A) Schedule.--Section 102(b)(1) of such Act (29
U.S.C. 2612(b)(1)) is amended by inserting after the
third sentence the following new sentence: ``Leave
under subsection (a)(1)(G) shall not be taken by an
employee intermittently or on a reduced leave schedule
unless the employee and the employer of the employee
agree otherwise.''.
(B) Substitution of paid leave.--Section
102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is
amended, in the first sentence, by striking ``(C) or
(D)'' and inserting ``(C), (D), or (G)''.
(C) Notice.--Section 102(e) of such Act (29 U.S.C.
2612(e)) is amended by adding at the end the following
new paragraph:
``(4) Notice for leave due to death of a son or daughter.--
In any case in which the necessity for leave under subsection
(a)(1)(G) is foreseeable, the employee shall provide such
notice to the employer as is reasonable and practicable.''.
(D) Spouses employed by same employer.--Section
102(f)(1)(A) of such Act (29 U.S.C. 2612(f)(1)(A)) is
amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), or (G)''.
(E) Certification requirements.--Section 103 of
such Act (29 U.S.C. 2613) is amended by adding at the
end the following:
``(g) Certification Related to the Death of a Son or Daughter.--An
employer may require that a request for leave under section
102(a)(1)(G) be supported by a certification issued at such time and in
such manner as the Secretary may by regulation prescribe. If the
Secretary issues a regulation requiring such certification, the
employee shall provide, in a timely manner, a copy of such
certification to the employer.''.
(F) Failure to return from leave.--Section 104(c)
of such Act (29 U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting
before the semicolon the following: ``, or a
death that entitles the employee to leave under
section 102(a)(1)(G)''; and
(ii) in paragraph (3)(A)--
(I) in the matter preceding clause
(i), by inserting ``, or the death,''
before ``described'';
(II) in clause (ii), by striking
``or'' at the end;
(III) by redesignating clause (iii)
as clause (iv); and
(IV) by inserting after clause (ii)
the following:
``(iii) a certification that meets such
requirements as the Secretary may by regulation
prescribe, in the case of an employee unable to
return to work because of a death specified in
section 102(a)(1)(G); or''.
(G) Employees of local educational agencies.--
Section 108 of such Act (29 U.S.C. 2618) is amended--
(i) in subsection (c)(1)--
(I) in the matter preceding
subparagraph (A), by inserting after
``medical treatment'' the following:
``, or under section 102(a)(1)(G) that
is foreseeable,''; and
(II) in subparagraph (A), by
inserting after ``to exceed'' the
following: ``(except in the case of
leave under section 102(a)(1)(G))'';
(ii) in subsection (c)(2), by striking
``section 102(e)(2)'' and inserting
``paragraphs (2) and (4) of section 102(e), as
applicable''; and
(iii) in subsection (d), in paragraph (2)
and (3), by striking ``or (C)'' each place it
appears and inserting ``(C), or (G)''.
(b) Family Leave for Civil Service Employees.--
(1) Entitlement to leave.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following:
``(F) Because of the death of a son or daughter.''.
(2) Requirements relating to leave.--
(A) Schedule.--Section 6382(b)(1) of such title is
amended by inserting after the third sentence the
following new sentence: ``Leave under subsection
(a)(1)(F) shall not be taken by an employee
intermittently or on a reduced leave schedule unless
the employee and the employing agency of the employee
agree otherwise.''.
(B) Substitution of paid leave.--Section 6382(d) of
such title is amended, in the first sentence, by
striking ``or (E)'' and inserting ``(E), or (F)''.
(C) Notice.--Section 6382(e) of such title is
amended by adding at the end the following new
paragraph:
``(4) In any case in which the necessity for leave under subsection
(a)(1)(F) is foreseeable, the employee shall provide such notice to the
employing agency as is reasonable and practicable.''.
(D) Certification requirements.--Section 6383 of
such title is amended by adding at the end the
following:
``(g) An employing agency may require that a request for leave
under section 6382(a)(1)(F) be supported by a certification issued at
such time and in such manner as the Office of Personnel Management may
by regulation prescribe. If the Office issues a regulation requiring
such certification, the employee shall provide, in a timely manner, a
copy of such certification to the employer.''.
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