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

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