[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10405 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10405
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
December 12, 2024
Mr. Schneider (for himself, Mr. Beyer, and Mr. Casten) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committees on Oversight and
Accountability, 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 2024''
or the ``Sarah Grace-Farley-Kluger Act''.
SEC. 2. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER.
(a) Son or Daughter.--Section 101(12) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(12)) is amended by--
(1) redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), resepctively;
(2) by striking ``, who is--'' and inserting the following:
``(A) who is--''; and
(3) in clause (ii), as so redesignated, by striking the
period at the end and inserting ``; or
``(B) with respect to leave taken under section
102(a)(1)(G), who is any years of age.''.
(b) 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) Expiration of entitlement.--Section 102(a)(2) of such
Act (29 U.S.C. 2612(a)(2)) is amended--
(A) by striking ``under subparagraphs'' and
inserting ``under--
``(A) subparagraphs'';
(B) in subparagraph (A), as so redesignated, by
striking the period at the end and inserting ``; and
``(B) subparagraph (G) of paragraph (1) for a death
of a son or daughter shall expire at the end of the 12-
month period beginning on the date of such death.''.
(3) 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)''.
(c) Family Leave for Civil Service Employees.--
(1) Son or daughter.--Section 6381(6) of title 5, United
States Code, is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by striking ``, who is--'' and inserting the
following:
``(A) who is--''; and
(C) in clause (ii), as so redesignated, by striking
``disability;'' and inserting ``disability; or
``(B) with respect to leave taken under section
6382(a)(1)(F), who is any years of age;''.
(2) Entitlement to leave.--Section 6382(a)(1) of such title
is amended by adding at the end the following:
``(F) Because of the death of a son or daughter.''.
(3) Expiration of leave.--Section 6382(a)(2) of such title
is amended by--
(A) striking ``under subparagraph'' and inserting
``under--
``(A) subparagraph''; and
(B) in subparagraph (A), as so redesignated, by
striking the period at the end and inserting ``; or
``(B) subparagraph (F) of paragraph (1) for a death
of a son or daughter shall expire at the end of the 12-
month period beginning on the date of such death.''.
(4) 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.''.
<all>