A death in the family is not automatic grounds for FMLA coverage. Presently, the FMLA does not provide for bereavement leave. There has been legislation proposed in Congress to amend the FMLA to provide for job-protected leave for a death in the family. Unless and until the law is amended, in order for the bereavement leave to fall under the protection of the FMLA, the employee must notify the employer that the death in the family has caused the employee to suffer a serious health condition like depression and/or anxiety. Or notify the employer that due to a death in the family, the employee needs leave to care for a spouse, son, daughter or parent who is suffering from a health condition due to the loss.
