[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1358

  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

                             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.

    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 2011''.

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:
                    ``(F) 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)(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.''.
                    (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 (F)''.
                    (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)(F) 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 (F)''.
                    (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)(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.''.
                    (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)(F)''; 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)(F); or''.
                    (G) Employees of local educational agencies.--
                Section 108 of such Act (29 U.S.C. 2618) is amended--
                            (i) in subsection (c)--
                                    (I) in paragraph (1)--
                                            (aa) in the matter 
                                        preceding subparagraph (A), by 
                                        inserting after ``medical 
                                        treatment'' the following: ``, 
                                        or under section 102(a)(1)(F) 
                                        that is foreseeable,''; and
                                            (bb) in subparagraph (A), 
                                        by inserting after ``to 
                                        exceed'' the following: 
                                        ``(except in the case of leave 
                                        under section 102(a)(1)(F))''; 
                                        and
                                    (II) in paragraph (2), by striking 
                                ``section 102(e)(2)'' and inserting 
                                ``paragraphs (2) and (4) of section 
                                102(e), as applicable''; and
                            (ii) in subsection (d), in paragraph (2) 
                        and (3), by striking ``or (C)'' each place it 
                        appears and inserting ``(C), or (F)''.
    (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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