Child bereavement leave law reintroduced at the federal level

On April 6, Congressman Brad Schneider (IL), along with Congressmen Brian Fitzpatrick (PA), Don Beyer (VA), and Sean Casten (IL), reintroduced the Sarah Grace-Farley-Kluger-Barklage Act (HR 8207), a bill to ensure that parents who’ve lost a child are entitled to 12 weeks of bereavement leave under the federal Family and Medical Leave Act (FMLA). The measure has been introduced many times before, however, and has yet to gain any traction toward becoming law.

Currently, the FMLA provides eligible employees up to 12 weeks of unpaid leave for certain life events, such as birth or adoption, a serious health condition, or to care for an immediate family member. During this leave, an employer may not terminate an employee who qualifies for such leave.

If passed into law, the Sarah Grace-Farley-Kluger-Barklage Act would amend the FMLA to add “death of a son or daughter” to the list of eligible life events for unpaid leave and allow parents the time to grieve without the fear of losing their jobs.

The bill is named in memory of Sarah Grace Weippert, Noah and Katie Farley, Erica Kluger, and Blake Barklage, whose parents have worked tirelessly to ensure other grieving parents who’ve lost a child are afforded the time to heal in the face of unimaginable loss.

Details of the Act’s leave requirements include:

• Employees would need to take the leave within 12 months of the death.
• Employers wouldn’t need to allow employees to take the leave intermittently or on a reduced schedule, but they may agree to do so.
• When the need for leave is foreseeable, employees would need to give notice to the employer as it is reasonable and practicable.
• Employers could require that the leave be supported by a certification, as prescribed by the U.S. Department of Labor regulations.

Although this bill is at the federal level, many states are beginning to enact bereavement leave laws. Illinois, for example, passed the Child Extended Bereavement Leave Act — which took effect on January 1, 2024 — and gives eligible employees 6–12 weeks of bereavement leave depending on the size of the employer.

Employers in states with bereavement laws on the books should be aware of their obligations.

Key to remember: The FMLA could expand to include time off for employees who are mourning the death of a child if this bill gets enacted.