Employment Law

The Parental Bereavement Act: What Employers Need to Know

What is the Parental Bereavement Act? As a supervisor, you’re already familiar with the Family and Medical Leave Act (FMLA), which provides eligible workers in specific situations with up to 12 weeks of protected unpaid leave and continuation of health insurance coverage. For example, FMLA protects employees caring for a newborn or bonding with an adopted child.

The Parental Bereavement Act, introduced in 2011 and still in committee, would expand FMLA by providing protection for parents grieving the loss of a child. Montana Senator Jon Tester, who introduced the bill, said in a press release, “When the unthinkable happens to parents, the last thing they should be worrying about is whether they’ll lose their jobs as they deal with life-changing loss.”

Employers and employees need to be aware of one key difference between a parental bereavement leave and other FMLA-protected leaves. This amendment, like the original legislation, would give eligible workers up to 12 weeks of unpaid leave in the 12-month period following a child’s death.The FMLA: Understanding The Family And Medical Leave Act However, unlike standard FMLA leave, the Parental Bereavement Act dictates that the leave must be taken in a single block of time unless the employer specifically authorizes intermittent leave.

Like the rest of FMLA guidelines, the Parental Bereavement Act only applies to companies with 50 or more employees.

Stay tuned as this piece of employment legislation works through Congress.

Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the ebook “How To Supervise:  What Your Boss Never Told You Before You Took the Job“,  A Step-By-Step Guide For New and Seasoned Managers.


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An Employee Undergoes Gender Change – What Should Managers Do?

How do you manage the situations created when an employee undergoes a gender change? No matter what your personal views on the matter may be, as a supervisor, it’s your job to help the team member transition within the workplace and minimize the impact the employee sex change has on staff and productivity.

What is a transgender employee? The term is a broad definition for people who have a sense of gender that is different than the gender of their birth. It can be a man who identifies as female or aThe Complete Guide to Transgender in the Workplace woman who identifies as male. A transsexual is a transgender person who lives full time as the gender opposite their birth gender. The person may or may not undergo medical procedures to alter the body’s appearance.

Legal Matters

Laws vary regarding an employee who undergoes a gender change. A number of jurisdictions, including California, New Jersey, Minnesota, and Washington D.C., have prohibited discrimination based on gender identity. The worker may be protected by these laws even if they haven’t undergone sex reassignment surgery. Always check with state and local labor departments to learn about transgender employee laws in your area.

Federal courts have also provided some protections for employees who undergo gender change. For instance, in 1989, the U.S. Supreme Court ruled that discrimination against a woman who didn’t conform to female stereotypes was, in fact, a form of sex discrimination.

Practical Matters

When the employee everyone has known as Robert shows up one day as Rosalie, it can be a shock to the team. The best way to handle an employee gender change is to create a transition plan. What should you consider in a plan for the employee who undergoes gender change?

Paperwork: From changing the worker’s gender on employment forms to changing their name, you’ll need to update documentation, which might include insurance forms, ID cards, and even organizational or workflow charts.

Restrooms: You and your employee should discuss which restroom he or she will use.

Pronouns: He or she? Always find out from the person experiencing a gender change how he or she would prefer to be addressed.

Workplace Education Session: The most successful plans include creating a workplace where the transitioning worker’s team members are informed of the situation.  Begin the session by explaining that their co-worker will be transitioning into a different gender. Give co-workers an opportunity to openly ask questions. Providing a forum to ask even uncomfortable questions helps relieve tension that these unfamiliar situations may trigger in some employees. Most importantly, be sure that your staff member who is undergoing the gender change has input into your communication strategy every step of the way.
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