Bereavement FMLA Leave Expansion

Full Title:
Parental Bereavement Act of 2026

Summary#

This bill adds the death of a son or daughter as a reason an employee can take family leave under the Family and Medical Leave Act (FMLA). It changes the FMLA definition of “son or daughter” so that, for this leave, the child may be any age. The bill makes matching changes for federal civil service employees and adjusts some rules that apply to school employees.

Key changes:

  • Adds a new FMLA leave reason: leave because of the death of a son or daughter.
  • For this purpose, “son or daughter” may be any age.
  • The right to take this leave must be used within 12 months after the child’s death.
  • Leave for this reason generally cannot be taken intermittently (in pieces) or on a reduced schedule unless the employee and employer agree.
  • Employers may require a certification (document) for this leave if the Secretary of Labor or OPM issues a regulation requiring it.
  • Parallel changes apply to federal civil service leave rules and to rules for employees of local educational agencies (schools).

What it means for you#

  • Parents and guardians (eligible employees): This would give eligible employees the option to take FMLA leave after the death of a son or daughter, including adult children. The leave must generally be taken within 12 months of the death.
  • Private-sector employees covered by FMLA: If you already qualify for FMLA leave, this adds one more listed reason you can use that leave. The bill does not itself change who is eligible for FMLA.
  • Federal employees: Similar leave would be added to the civil service leave rules, with the same timing and notice/certification provisions.
  • Employees of local educational agencies (school staff): The bill changes some special scheduling and notice rules that apply to school employees so they also can use this leave under the updated rules.
  • Employers (private and public) and federal agencies: Employers covered by FMLA must treat this reason the same way they treat other FMLA reasons, subject to the bill’s limits (12‑month use window, no intermittent use unless agreed). Employers may require certification if the Department of Labor or OPM issues a rule saying they may.
  • What is unclear: The bill refers to certifications “as the Secretary may by regulation prescribe” (and similarly for OPM). It does not itself say what form that certification must take or how soon the rules must be written.

Expenses#

No publicly available information.

  • The bill text does not include a fiscal note or cost estimate.
  • This could increase administrative work for employers and for federal agencies that must track and process additional leave requests.
  • If employees use existing paid leave in place of unpaid leave, employers could face staffing or scheduling costs; the bill allows substitution of paid leave where current rules allow.
  • Any specific federal budget impacts (for example, for federal agencies or OPM rulemaking) are not provided in the available material.

Proponents' View#

  • The bill appears intended to fill a gap in leave law by allowing grieving parents to use family leave after the death of a child, including adult children.
  • A possible argument for the bill is that it treats the death of a child as a distinct family need that may require time away from work for bereavement, funeral arrangements, or coping.
  • The bill keeps the leave within the existing FMLA framework, so it uses an established job‑protection system rather than creating a separate program.
  • The 12‑month window gives parents time to address funeral, estate, or family matters that may arise after a death.

Opponents' View#

  • One concern is that the bill leaves key details to future regulations (the form and timing of any certification), so employers and employees may not know immediately how certification will work.
  • The limit on intermittent or reduced-schedule use unless both sides agree could reduce flexibility for employees who want to spread time off over a grieving period.
  • It is unclear how employers will track this use in combination with other FMLA reasons and how that may affect staffing and scheduling.
  • The bill does not include a cost estimate, so the scale of administrative or operational costs for employers, school districts, or federal agencies is unknown.