Legal Question in Medical Leave in Maryland

Re: FMLA Termination Point

I'm sorry to hear of the death. Once the person dies, FMLA ends. There obviously is no need to care for the deceased, and that is the justification for family sick leave. The FMLA does not cover mourning or time related to administration of the estate and similar matters. (FMLA regulations and info are found at DOL.gov.) So, if you have a bereavement/mourning policy, or allow leave for personal matters, those are the policies that apply.

In any case, remember that the employee has suffered a loss. Try to act humanely, give notice of whatever you need (a return to work date or whatever), and generally treat the employee as you would want to be treated. This is especially true if it is a long-time and/or loyal and good employee. But it applies to everyone.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.