Wow. I am so sorry for her loss. So, definitely FMLA. Bereavement Leave, in this case, is going to be argued by the beliefs of the individual and brings up a whole string of uncomfortable conversations we really shouldn’t be having at work. Given the rulings of the Supreme Court on the matter of when life begins, I am going to say that Bereavement Leave is not applicable here. If your BL is 3 days paid and you are seeking a way to pay her, then giving her the option may be a nice idea. But, automatically taking the leave away would penalize her down the road if she needs time to grieve a parent or other immediate family member. If the BL is unpaid, then deducting the 3 days only penalizes her. She is already job-protected without pay under FMLA. This is where an argument would come in that the employer would likely lose if pushed in the future. I hope this helps. Sorry again for her loss.
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