Possibly. While Susan’s request for the additional 30 days may arguably be a request for bereavement leave, which is not protected under the FMLA, it may also trigger her employer’s duty to further inquire into the reason for Susan’s leave. Under these facts, a federal district court in Missouri held that there was sufficient evidence to support an inference that Susan was seeking a continuation of her FMLA leave to care for herself, and that her employer's knowledge of her husband's death, the fact that she was continually crying, and her request for additional time to take care of things could be sufficient to have put her employer on notice that she was asking for FMLA leave to care for herself. The court noted that if the employer had any doubts about Susan’s illness, it could have followed up, but it never did.

Cite: Murphy v. Fedex National LTL, Inc (EDMo 2008) 2008 U.S. Dist. LEXIS 79147.