I
111th CONGRESS
1st Session
H. R. 2132
IN THE HOUSE OF REPRESENTATIVES
April 28, 2009
Mrs. Maloney (for herself, Ms. Baldwin, Ms. Woolsey, Mr. Frank of Massachusetts, Mr. Polis of Colorado, Mr. Delahunt, Ms. Hirono, Mr. Farr, Mr. Israel, and Mr. Nadler of New York) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on House Administration and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Family and Medical Leave Act of 1993 to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent who has a serious health condition.
Short title
This Act may be cited as the
Family and Medical Leave Inclusion
Act
.
Leave to care for a domestic partner, parent-in-law, adult child, sibling, or grandparent
Definitions
Inclusion of same-sex spouses
Section
101(13) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is
amended, by inserting , and includes a same-sex spouse as determined
under applicable State law
before the period.
Inclusion of adult children and children of a domestic partner
Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended—
by inserting
a child of an individual’s domestic partner,
after a
legal ward,
; and
by striking
who is—
and all that follows and inserting and includes
an adult child
.
Inclusion of grandparents, parents-in-law, siblings, and domestic partners
Section 101 of such Act is further amended by adding at the end the following:
Domestic partner
The term domestic partner means—
the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides; or
in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee’s domestic partner.
Grandparent
The term grandparent means a parent of a parent of an employee.
Parent-in-law
The term parent-in-law means a parent of the spouse or domestic partner of an employee.
Sibling
The term sibling means any person who is a son or daughter of an employee’s parent.
.
Leave Requirement
Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended—
in subsection
(a)(1)(C), by striking spouse, or a son, daughter, or parent of the
employee, if such spouse, son, daughter, or parent
and inserting
spouse or domestic partner, or a son, daughter, parent, parent-in-law,
grandparent, or sibling, of the employee if such spouse, domestic partner, son,
daughter, parent, parent-in-law, grandparent, or sibling
;
in subsection
(a)(3), by striking spouse, son, daughter, parent,
and inserting
spouse or domestic partner, son, daughter, parent, parent-in-law,
grandparent, sibling,
; and
in subsection (e)(2)(A), by striking
spouse, or parent
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, or sibling
.
Certification
Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended—
in subsection (a),
by striking spouse, or parent
and inserting spouse,
domestic partner, parent, parent-in-law, grandparent, or
sibling
;
in subsection
(b)(4)(A), by striking spouse, or parent and an estimate of the amount
of time that such employee is needed to care for the son, daughter, spouse, or
parent
and inserting spouse, domestic partner, parent,
parent-in-law, grandparent, or sibling and an estimate of the amount of time
that such employee is needed to care for such son, daughter, spouse, domestic
partner, parent, parent-in-law, grandparent, or sibling
; and
in subsection (b)(7), by striking
parent, or spouse
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, or sibling
.
Employment and Benefits Protection
Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended—
in subparagraph
(A)(i), by striking spouse, or parent
and inserting
spouse, domestic partner, parent, parent-in-law, grandparent, or
sibling
; and
in subparagraph (C)(ii), by striking
spouse, or parent
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, or sibling
.
Federal employees
Definitions
Inclusion of adult children and children of a domestic partner
Section 6381(6) of title 5, United States Code, is amended—
by inserting
a child of an individual’s domestic partner,
after a
legal ward,
; and
by striking
who is—
and all that follows and inserting and includes
an adult child
.
Inclusion of grandparents, parents-in-law, siblings, and domestic partners
Section 6381 of such title is further amended—
in paragraph (10)
by striking ; and
and inserting a semicolon;
in paragraph (11), by striking the period and inserting a semicolon; and
by adding at the end the following:
The term domestic partner means—
the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides; or
in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee’s domestic partner.
The term parent-in-law means a parent of the spouse or domestic partner of an employee.
The term grandparent means a parent of a parent of an employee.
The term sibling means any person who is a son or daughter of an employee’s parent.
The term spouse includes a same-sex spouse as determined under applicable State law.
.
Leave Requirement
Section 6382 of title 5, United States Code, is amended—
in subsection (a)(1)(C), by striking
spouse, or a son, daughter, or parent of the employee, if such spouse,
son, daughter, or parent
and inserting spouse, or domestic
partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling, of
the employee if such spouse, domestic partner, son, daughter, parent,
parent-in-law, grandparent, or sibling
;
in subsection (a)(3), by striking
spouse, son, daughter, parent,
and inserting spouse or
domestic partner, son, daughter, parent, parent-in-law, grandparent,
sibling,
; and
in subsection (e)(2)(A), by striking
spouse, or parent
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, or sibling
.
Certification
Section 6383 of title 5, United States Code, is amended—
in subsection (a), by striking
spouse, or parent
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, or sibling
; and
in subsection (b)(4)(A), by striking
spouse, or parent, and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, or parent
and inserting spouse, domestic partner, parent, parent-in-law,
grandparent, or sibling and an estimate of the amount of time that such
employee is needed to care for such son, daughter, spouse, domestic partner,
parent, parent-in-law, grandparent, or sibling
.