FMLA Update: Parental Bereavement Act

We’re seeing interest in the Parental Bereavement Act, introduced earlier this month by Montana Senator Jon Tester, which would expand the Family and Medical Leave Act (FMLA) to cover employees after the death of a child.

For your reference, background on the Act is included below. We’ll update this reading list as additional analysis comes in:

Parental Bereavement Act Would Amend FMLA to Provide Leave Upon Death of a Child (Franczek Radelet P.C.):

“In a press release, Sen. Tester said he introduced the bill because the ‘last thing [parents] should be worrying about is whether they’ll lose their jobs as they deal with life-changing loss.’ The Act would allow leave ‘because of the death of a son or daughter,’ and it assumes leave would be taken in one block.

…The latest proposal under the Parental Bereavement Act is intriguing, since it builds upon a grass roots initiative imploring Congress to pass legislation providing job-protected leave upon the death of a child. The initiative is led by Kelly Farley and Barry Kluger, both of whom lost children at a very young age. Realizing that he could not take FMLA-protected leave upon his daughter’s death (because it is not provided for under the FMLA), Kluger instead submitted FMLA paperwork seeking leave to care for his wife, who was dealing with depression in the aftermath of the tragic event. In reality, he suggests, he needed leave to care for himself. Read more»

Employment Law Roundup… (Constangy, Brooks & Smith, LLP):

“FMLA leave for death of a child? Sen. Jon Tester (D-Mont.) has introduced legislation that would expand the Family and Medical Leave Act to include job-protected leave for the death of an employee’s son or daughter.” Read more»


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