ARTICLE
23 January 2025

Ask The Expert: Could Bereavement Leave Be Covered By The FMLA?

PB
Parsons Behle & Latimer

Contributor

Established in 1882, Parsons Behle & Latimer’s team of more than 180 190 attorneys delivers an in-depth range of experience to its clients in business and finance; intellectual property; litigation and regulatory industries. One of the Intermountain West’s largest law firms, Parsons has offices in Utah, Idaho, Montana, Nevada and Wyoming. www.parsonsbehle.com
An employee who has been approved for intermittent Family and Medical Leave Act (FMLA) leave to care for his mother is asking for two days off to bring his mother to his cousin's...
United States Employment and HR

Question: An employee who has been approved for intermittent Family and Medical Leave Act (FMLA) leave to care for his mother is asking for two days off to bring his mother to his cousin's funeral in another state. Would this also be covered under the FMLA?

Answer: The employee may be covered under their FMLA leave here while taking their mother to the out-of-state funeral. The FMLA requires employers to grant employees leave for, among other things, the care of a parent with a serious health condition. While the FMLA doesn't specifically cover bereavement leave, the employee here has already been granted leave to care for their mother, who presumably has a serious health condition. Thus, the employee could argue that going to the funeral is necessary to ensure they are able to attend to their mother's condition. The employee's position is all the more persuasive if they can assert that their mother's condition will be exacerbated by the death in the family or the travel to the funeral.

Obviously, this is a general answer based on a few assumptions—specifically, the nature of the mother’s condition and her need for assistance. An employer seeking guidance on FMLA leave compliance should retain an attorney who can ascertain all the relevant facts and make a specific determination.

Originally Published by HR Daily Advisor

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More