H.R. 8207 — Sarah Grace-Farley-Kluger-Barklage Act

This section establishes under the Family and Medical Leave Act of 1993 (FMLA) and corresponding provisions for federal civilian employees (5 U.S.C. §§6381-6387) an entitlement to unpaid leave because of the death of a son or daughter of any age (from under 18 years of age or 18 years of age or older and incapable of self-care due to a disability), available through the end of the 12-month period beginning on the date of death. (As background, FMLA entitles eligible employees—generally those who have worked at least 1,250 hours in the prior 12 months for an employer with 50 or more employees within 75 miles—of covered employers to up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.) It further (1) prohibits intermittent or reduced-schedule leave unless agreed by the employee and employer; (2) permits substitution of accrued paid leave; (3) requires notice if foreseeable and permits employer-required certification; (4) limits combined leave for spouses employed by the same employer to 12 workweeks in some cases; (5) extends key employee exception and 12-week recovery protections to this leave; and (6) makes conforming changes for local educational agency employees.