The Parental Bereavement Act of 2011

On July 13, Sen. Jon Tester (D-Montana) introduced a bill that would allow parents grieving the death of a child to receive up to 12 weeks of job protected time-off under FMLA. The proposed amendment to the Family Medical and Leave Act of 1993 will amend Section 102 (a)(1) by adding, at the end, the following new sub-paragraph (F) “Because of the death of a son or daughter.” Under this proposed amendment, the leave shall not be taken intermittently or on a reduced leave schedule unless so agreed to by both the employer and the employee. Additionally,the employee will be required to provide notice as is “reasonable” and “practical”. This is one of several legislative initiatives introduced to enlarge the scope of the FMLA. Under Tester's Parental Bereavement Act of 2011, the death of a child would be treated like other life-altering event, providing the parents time to grieve.

This recent proposed amendment follows on the heels of “Bonding Leave” for adoption or foster care under FMLA. Under “Bonding Leave” employees may take FMLA before the actual placement for adoption or foster care of a child, if an absence from work is required for the adoption or foster care to proceed. This encompasses, but is not limited to, counseling sessions, court appearances, meetings with attorneys, travel, etc.

WashingtonWatch.com provided a widget so that individuals can express their views on The Parental Bereavement Act of 2011. The tally will update automatically as visitors vote. The widget has been provided below and I encourage each of you to express your views on this bill.



In closing, grief is complicated. For a parent the grief is overwhelming and nothing can prepare a parent for its enormity or devastation. This grief can give way to a vast array of conflicting emotions and responses. The Parental Bereavement Act of 2011 provides parents with time to cope with such traumatic loss.