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.