Parents get 12 weeks off after child's death—but only if they can afford it
H.R. 8207 — Sarah Grace-Farley-Kluger-Barklage Act · Filed by Brad Schneider (D-IL) · 8 cosponsors · Introduced Apr 6, 2026 · Referred to committee
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What it does
This bill amends the Family and Medical Leave Act to allow employees to take up to 12 weeks of unpaid, job-protected leave following the death of a son or daughter. The leave must be taken within 12 months of the death, generally as continuous time off (not intermittently), and employers may require certification of the death. The bill is named after Sarah Grace Farley Kluger Barklage, a child whose death prompted the legislation.
Why we flagged it
The bill's sole operative purpose is to extend FMLA protections to cover death of a child, a straightforward worker-protection amendment with no hidden mechanisms or carve-outs.
What the text implies
- The 12-month expiration window for bereavement leave may create pressure on grieving parents to use leave quickly rather than spacing it across a longer recovery period, potentially limiting flexibility for those whose grief processing extends beyond a year.
- Employers may use certification requirements strategically to discourage leave requests, particularly if regulations are written permissively; the bill delegates specifics to the Secretary of Labor.
The full analysis lists 3 implications of this text.
Who it affects
The bill expands a critical worker protection by allowing grieving parents to take time off without losing their jobs or health insurance, addressing a genuine gap in existing family leave law. The requirement that leave be taken continuously (not piecemeal) and the employer's ability to require certification are reasonable administrative safeguards that do not materially undermine the benefit.