Public Policy

As the Baby Hamill Foundation grows, we will advocate for policies and legislation that support families who have experienced loss. The loss of a child should not force parents back to work if their bank account can not support their sadness. Farley-Kluger Act would expand FMLA benefits to families grieving the death of a child of any age up to 18 years (including stillbirth). This legislation is just a starting point for the systemic change required to address the devastation that losing a child brings.

The Baby Hamill Foundation believes that everyone deserves the same considerations in their grief, not just those who can afford it. Losing a child is the worst things that could ever happen to a person, yet most people are forced back to work immediately. It is cruel. It is wrong. America can do better.

Shown Here:

Introduced in Senate (10/05/2021)

117th CONGRESS

1st Session

S. 2935

To amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter.

IN THE SENATE OF THE UNITED STATES

October 5, 2021

Mr. Tester (for himself, Mr. Blumenthal, Mrs. Gillibrand, Mr. Van Hollen, Ms. Baldwin, Mr. Whitehouse, Mr. Booker, Mr. Durbin, Mr. Markey, Mr. Leahy, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter.

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)”.

“(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 paragraphs (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)(1) of such title is amended, in the first sentence, by striking “or (E)” and inserting “(E), or (F)”.

“(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.”.

*The Baby Hamill Foundation does not support the use of son or daughter within this legislation. Substitution of "son or daughter" to "child" to expand grief leave to grandparents, foster parents, and other caregivers that are serving as parental custodians.