II
111th CONGRESS
2d Session
S. 3680
IN THE SENATE OF THE UNITED STATES
July 30, 2010
Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
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 same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent
Definitions
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 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 grandparents, parents-in-law, siblings, and domestic partners
Section 101 of such Act (29 U.S.C. 2611) is further amended by adding at the end the following:
Domestic partner
The term domestic partner, used with respect to an employee, means—
the person recognized as the domestic partner of the employee under any domestic partner registry or civil union law 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, personal (as defined in regulations issued by the Secretary) relationship with the employee, who 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.
Grandchild
The term grandchild, used with respect to an employee, means any person who is a son or daughter of a son or daughter of the employee.
Grandparent
The term grandparent, used with respect to an employee, means a parent of a parent of the employee.
Parent-in-law
The term parent-in-law, used with respect to an employee, means a parent of the spouse or domestic partner of the employee.
Sibling
The term sibling, used with respect to an employee, means any person who is a son or daughter of the employee’s parent.
Son-in-law or daughter-in-law
The term son-in-law or daughter-in-law, used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.
.
Leave Requirement
Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended—
in subsection (a)(1)—
in subparagraph
(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
; and
in subparagraph
(E), by striking spouse, or a son, daughter, or parent
and
inserting spouse or domestic partner, or a 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, son-in-law or
daughter-in-law, grandchild, sibling,
; and
in subsection (e)—
in paragraph (2)(A), by striking
spouse, parent,
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, sibling,
; and
in paragraph (3),
by striking spouse, or a son, daughter, or parent,
and inserting
spouse or domestic partner, or a son, daughter, 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
;
and
in subsection (b)—
in paragraph
(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 paragraph (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
(11)(B), by striking ; and
and inserting a semicolon;
in paragraph (12), by striking the period and inserting a semicolon; and
by adding at the end the following:
the term domestic partner, used with respect to an employee, means—
the person recognized as the domestic partner of the employee under any domestic partner registry or civil union law 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, personal (as defined in regulations issued by the Secretary) relationship with the employee, who 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 grandchild, used with respect to an employee, means any person who is a son or daughter of a son or daughter of the employee;
the term grandparent, used with respect to an employee, means a parent of a parent of the employee;
the term parent-in-law, used with respect to an employee, means a parent of the spouse or domestic partner of the employee;
the term sibling, used with respect to an employee, means any person who is a son or daughter of the employee’s parent;
the term son-in-law or daughter-in-law, used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee; and
the term spouse, used with respect to an employee, 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)—
in subparagraph (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
; and
in subparagraph
(E), by striking spouse, or a son, daughter, or parent
and
inserting spouse or domestic partner, or a 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, son-in-law or daughter-in-law,
grandchild, sibling,
; and
in subsection (e)—
in paragraph (2)(A), by striking
spouse, parent
and inserting spouse, domestic partner,
parent, parent-in-law, grandparent, sibling
; and
in paragraph (3),
by striking spouse, or a son, daughter, or parent,
and inserting
spouse or domestic partner, or a son, daughter, 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
.