What it changes

1 change to S. 1086 · shown in the bill's text

Adds a section
  1. Adds SEC. __. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER at the end of the bill

    Adds a section

    In S. 1086 · Reported to Senate

    Section 319C-1(b)(2)(A)(vii) of the Public Health Service Act (42 U.S.C. 247d-3a(b)(2)(A)(vii)) is amended by inserting "or established" after "designated".

    Inserted: SEC. __. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER.

    Inserted: (a) Short Title.--This section may be cited as the "Parental Bereavement Act of 2014".

    Inserted: (b) Family Leave.--

    Inserted: (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:

    Inserted: "(F) Because of the death of a son or daughter.".

    Inserted: (2) Requirements relating to leave.--

    Inserted: (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)(F) 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.".

    Inserted: (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 (F)".

    Inserted: (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:

    Inserted: "(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)(F) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.".

    Inserted: (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 (F)".

    Inserted: (E) Certification requirements.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:

    Show 26 more inserted paragraphs

    Inserted: "(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)(F) 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.".

    Inserted: (F) Failure to return from leave.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended--

    Inserted: (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)(F)"; and

    Inserted: (ii) in paragraph (3)(A)--

    Inserted: (I) in the matter preceding clause (i), by inserting ", or the death," before "described";

    Inserted: (II) in clause (ii), by striking "or" at the end;

    Inserted: (III) by redesignating clause (iii) as clause (iv); and

    Inserted: (IV) by inserting after clause (ii) the following:

    Inserted: "(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)(F); or".

    Inserted: (G) Employees of local educational agencies.--Section 108 of such Act (29 U.S.C. 2618) is amended--

    Inserted: (i) in subsection (c)--

    Inserted: (I) in paragraph (1)--

    Inserted: (aa) in the matter preceding subparagraph (A), by inserting after "medical treatment" the following: ", or under section 102(a)(1)(F) that is foreseeable,"; and

    Inserted: (bb) in subparagraph (A), by inserting after "to exceed" the following: "(except in the case of leave under section 102(a)(1)(F))"; and

    Inserted: (II) in paragraph (2), by striking "section 102(e)(2)" and inserting "paragraphs (2) and (4) of section 102(e), as applicable"; and

    Inserted: (ii) in subsection (d), in paragraph (2) and (3), by striking "or (C)" each place it appears and inserting "(C), or (F)".

    Inserted: (c) Family Leave for Civil Service Employees.--

    Inserted: (1) Entitlement to leave.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following:

    Inserted: "(F) Because of the death of a son or daughter.".

    Inserted: (2) Requirements relating to leave.--

    Inserted: (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.".

    Inserted: (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)".

    Inserted: (C) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph:

    Inserted: "(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.".

    Inserted: (D) Certification requirements.--Section 6383 of such title is amended by adding at the end the following:

    Inserted: "(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.".

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2835. Mr. TESTER (for himself, Mr. Begich, and Mr. Blumenthal) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER.

(a) Short Title.--This section may be cited as the “Parental Bereavement Act of 2014”.

(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:

“(F) Because of the death of a son or daughter.”.

(2) 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)(F) 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 (F)”.

(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)(F) 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 (F)”.

(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)(F) 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)(F)”; 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)(F); or”.

(G) Employees of local educational agencies.--Section 108 of such Act (29 U.S.C. 2618) is amended--

(i) in subsection (c)--

(I) in paragraph (1)--

(aa) in the matter preceding subparagraph (A), by inserting after “medical treatment” the following: “, or under section 102(a)(1)(F) that is foreseeable,”; and

(bb) in subparagraph (A), by inserting after “to exceed” the following: “(except in the case of leave under section 102(a)(1)(F))”; and

(II) in paragraph (2), by striking “section 102(e)(2)” and inserting “paragraphs (2) and (4) of section 102(e), as applicable”; and

(ii) in subsection (d), in paragraph (2) and (3), by striking “or (C)” each place it appears and inserting “(C), or (F)”.

(c) Family Leave for Civil Service Employees.--

(1) Entitlement to leave.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following:

“(F) Because of the death of a son or daughter.”.

(2) 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.”.

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Senate amendment submitted

March 12, 2014