Child Bereavement Leave Act
Eligible employees of public and private employers with more than 50 employees are entitled to a maximum of 2 weeks (10 work days) of unpaid bereavement time following the death of a child. Employees may be entitled to up to 6 weeks of bereavement time in the event of the death of more than one child during a twelve-month period.
The time may be used to attend the funeral or alternative to a funeral, make arrangements necessitated by the death, or to grieve the death of the child. The leave must be completed within 60 days after the date employee receives notice of the death of the child. Employers are entitled to 48 hours of notice before the leave, unless it is not practicable. Employers may require documentation to verify the necessity of the leave.
An employee is eligible for the leave after 1,250 hours of service with the employer during the prior 12 month period. Child bereavement leave may not be taken in addition to unpaid leave permitted under the Family and Medical Leave Act, 29 U.S.C. 2601 et seq. (FMLA), and may not exceed unpaid leave time allowed under that law (FMLA).
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