Parental Bereavement Act of 2026
- Sponsor
- Rep. Schneider, Bradley Scott [D-IL-10]
- Committees
- Committee on House Administration (primary)
- Last action
- Apr 6, 2026
Bottom line
The Parental Bereavement Act expands FMLA to provide job-protected leave for parents grieving the death of a child, regardless of the child's age, aiming to offer support during a profound loss.
What it actually does
This bill amends the Family and Medical Leave Act (FMLA) of 1993 to establish a new category of job-protected leave for employees due to the death of a son or daughter. Crucially, it removes the age and disability restrictions for the definition of 'son or daughter' specifically for this bereavement leave, meaning parents can take leave regardless of their child's age. The bill also extends these same provisions to federal civil service employees.
Proponents argue
Supporters argue that this bill provides essential compassion and job security for parents during an unimaginably difficult time, allowing them to grieve without the added stress of potential job loss. They contend that the emotional and psychological toll of losing a child is universal, irrespective of the child's age, and that current FMLA provisions are insufficient to address this specific need.
Opponents contend
Potential opponents might raise concerns about the administrative burdens placed on employers, particularly small businesses, due to increased employee absences and the need to manage temporary staffing or reassign duties. They may also argue that expanding FMLA's scope could lead to increased operational costs and disruptions, even if the leave itself is unpaid.
The bill is concise and clearly written, making it accessible for a quick and thorough understanding of its provisions.
Section 2(a)
Redefining 'Son or Daughter' for Bereavement Leave
This provision amends the Family and Medical Leave Act (FMLA) to specifically modify the definition of 'son or daughter' for the purpose of bereavement leave. While FMLA typically defines a 'son or daughter' as under 18 or an adult incapable of self-care due to a disability, this amendment clarifies that for leave taken due to death, a 'son or daughter' can be 'any years of age,' removing the standard age and disability restrictions.
Supporters argue
Supporters argue that the grief of losing a child is profound and not limited by age, and therefore, parents deserve job-protected leave regardless of whether their child was a minor or an adult. This ensures comprehensive support for all grieving parents.
Critics contend
No specific opposition is typically raised against this definitional clarification itself, though general concerns about FMLA expansion might apply to the broader policy implications.
Tradeoffs
This provision balances the desire for universal bereavement support against the administrative consistency of FMLA's 'son or daughter' definition across all leave types, creating a specific carve-out for death-related leave.
Section 2(b)(1)
Adding Bereavement Leave as a Qualifying FMLA Reason
This section directly adds 'Because of the death of a son or daughter' as a new qualifying reason for taking FMLA leave. This means that eligible employees are now entitled to take job-protected leave specifically for the purpose of grieving and managing affairs after the death of their child, in addition to existing FMLA reasons like personal or family medical conditions.
Section 2(b)(2), (3)
Conditions and Requirements for Bereavement Leave
This part of the bill outlines specific conditions for taking bereavement leave. It stipulates that the entitlement to this leave expires 12 months after the date of the child's death. It also states that, generally, this leave cannot be taken intermittently or on a reduced schedule unless the employee and employer mutually agree. Employees are required to provide reasonable and practicable notice if the need for leave is foreseeable. Additionally, it clarifies that spouses working for the same employer will have their combined leave limited, and employers may require certification to support a request for bereavement leave.
Section 2(c)
Extending Bereavement Leave to Federal Civil Service Employees
This section extends the same bereavement leave provisions to federal civil service employees by amending Title 5 of the United States Code. It mirrors the changes made to the general FMLA, including redefining 'son or daughter' for this specific leave type to include individuals of 'any years of age,' adding the death of a son or daughter as a qualifying reason for leave, and applying similar rules regarding leave duration, intermittent use, notice, and certification, with the Office of Personnel Management (OPM) responsible for prescribing regulations.
Amends the definition of 'son or daughter' for the purpose of bereavement leave to include individuals of 'any years of age,' explicitly removing the standard FMLA age restrictions (under 18 or incapable of self-care due to disability) for this specific type of leave.
Section 2(a)(3) and 2(c)(1)(C)
Why it matters:This is standard legislative practice for amending existing statutes, ensuring precise legal language and integration into current law. It is not necessarily evasive, but it requires careful reading to grasp the full implications.
Case for: Supporters argue this ensures comprehensive support for all parents, recognizing that the loss of an adult child is as devastating as the loss of a minor child, and that job protection should apply universally in such circumstances.
Case against: Critics might argue that expanding the definition without age limits could broaden the scope of FMLA beyond its original intent, potentially increasing the number of eligible leave events and associated employer burdens.
Estimated impact: Significantly expands the eligibility pool for bereavement leave to include parents of adult children, impacting a broader demographic of the workforce who previously would not have qualified for FMLA leave for this reason.