II
112th CONGRESS
1st Session
S. 1358
IN THE SENATE OF THE UNITED STATES
July 13, 2011
Mr. Tester 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.
Short title
This Act may be cited as
the Parental Bereavement Act of
2011
.
Family leave because of the death of a son or daughter
Family leave
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:
Because of the death of a son or daughter.
.
Requirements relating to leave
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)(F) 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.
.
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 (F)
.
Notice
Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph:
Notice for leave due to death of a son or daughter
In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.
.
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 (F)
.
Certification requirements
Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:
Certification related to the death of a son or daughter
An employer may require that a request for leave under section 102(a)(1)(F) 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.
.
Failure to return from leave
Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended—
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)(F)
; and
in paragraph (3)(A)—
in the matter
preceding clause (i), by inserting , or the death,
before
described
;
in clause (ii),
by striking or
at the end;
by redesignating clause (iii) as clause (iv); and
by inserting after clause (ii) the following:
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)(F); or
.
Employees of local educational agencies
Section 108 of such Act (29 U.S.C. 2618) is amended—
in subsection (c)—
in paragraph (1)—
in
the matter preceding subparagraph (A), by inserting after medical
treatment
the following: , or under section 102(a)(1)(F) that is
foreseeable,
; and
in
subparagraph (A), by inserting after to exceed
the following:
(except in the case of leave under section 102(a)(1)(F))
;
and
in paragraph
(2), by striking section 102(e)(2)
and inserting
paragraphs (2) and (4) of section 102(e), as applicable
;
and
in
subsection (d), in paragraph (2) and (3), by striking or (C)
each place it appears and inserting (C), or (F)
.
Family leave for civil service employees
Entitlement to leave
Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following:
Because of the death of a son or daughter.
.
Requirements relating to leave
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.
.
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)
.
Notice
Section 6382(e) of such title is amended by adding at the end the following new paragraph:
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.
.
Certification requirements
Section 6383 of such title is amended by adding at the end the following:
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.
.
