I
112th CONGRESS
1st Session
H. R. 2364
IN THE HOUSE OF REPRESENTATIVES
June 24, 2011
Mrs. Maloney (for herself, Mr. Polis, Mr. Towns, Mr. George Miller of California, Mr. Stark, Mr. Frank of Massachusetts, Ms. Norton, Mrs. Davis of California, Mr. Connolly of Virginia, Mr. Israel, Ms. Wilson of Florida, Mr. Olver, Mr. Sherman, Mrs. Capps, Mr. Serrano, Mr. Nadler, Mr. Engel, Ms. Moore, Ms. Lee of California, Ms. Chu, and Mr. Jackson of Illinois) introduced the following bill; which was referred to the Committee on Education and the Workforce, 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 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in-law, adult child, sibling, grandchild, or grandparent who has a serious health condition, and for other purposes.
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 grandparents, grandchildren, 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 who is lawfully married to the employee under the laws of the 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, an unmarried adult person of the same sex as the employee who is in a committed, personal 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.
Grandchild
The term grandchild means the son or daughter of an employee’s son or daughter.
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.
Son-in-law and daughter-in-law
The terms son-in-law and 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.
.
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
.
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, grandchild, or sibling, of the employee if such spouse, domestic
partner, son, daughter, parent, parent-in-law, grandparent, grandchild, or
sibling
;
in subsection (a)(1)(E), by striking
spouse, or a son, daughter, or parent
and inserting
spouse or domestic partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling
;
in subsection
(a)(3), by striking spouse, son, daughter, parent,
and inserting
spouse or domestic partner, son, daughter, son-in-law, daughter-in-law,
parent, parent-in-law, grandparent, or sibling,
;
in subsection (e)(2)(A), by striking
spouse, parent,
and inserting spouse or domestic partner,
parent, parent-in-law, grandparent, grandchild, sibling,
;
in subsection (e)(3), by striking
spouse, or a son, daughter, or parent,
and inserting
spouse or domestic partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling,
; and
in subsection (f)—
in the matter
preceding subparagraph (A), by inserting or domestic partners
after husband and wife
; and
in subparagraph
(B), by inserting or parent-in-law
after parent
.
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 or
domestic partner, parent, parent-in-law, grandparent, grandchild, 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 or domestic partner, parent,
parent-in-law, grandparent, grandchild, or sibling and an estimate of the
amount of time that such employee is needed to care for such son, daughter,
spouse or domestic partner, parent, parent-in-law, grandparent, or
sibling
; and
in subsection (b)(7), by striking
parent, or spouse
and inserting spouse or 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 or domestic partner, parent, parent-in-law, grandparent, or
sibling
; and
in subparagraph (C)(ii), by striking
spouse, or parent
and inserting spouse or domestic
partner, parent, parent-in-law, grandparent, or sibling
.
Federal employees
Definitions
Inclusion of grandparents, parents-in-law, siblings, and domestic partners
Section 6381 of title 5, United States Code, is amended—
in paragraph (11)
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 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 who is lawfully married to the employee under the laws of the 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, an unmarried adult person of the same sex as the employee who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employing agency 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 grandchild means the son or daughter of an employee’s son or daughter;
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; and
the terms son-in-law and 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.
.
Inclusion of adult children and children of a domestic partner
Section 6381(6) of such title 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
.
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, grandchild, or
sibling, of the employee if such spouse, domestic partner, son, daughter,
parent, parent-in-law, grandparent, grandchild, or sibling
;
in subsection (a)(1)(E), by striking
spouse, or a son, daughter, or parent
and inserting
spouse or domestic partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling
;
in subsection (a)(3), by striking
spouse, son, daughter, parent,
and inserting spouse or
domestic partner, son, daughter, son-in-law, daughter-in-law, parent,
parent-in-law, grandparent, sibling,
;
in subsection (e)(2)(A), by striking
spouse, parent,
and inserting spouse or domestic partner,
parent, parent-in-law, grandparent, grandchild, sibling,
; and
in subsection (e)(3), by striking
spouse, or a son, daughter, or parent,
and inserting
spouse or domestic partner, or a son, daughter, parent, parent-in-law,
grandchild, or sibling,
.
Certification
Section 6383 of title 5, United States Code, is amended—
in subsection (a), by striking
spouse, or parent
and inserting spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild, 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 or domestic partner, parent, parent-in-law,
grandparent, grandchild, or sibling and an estimate of the amount of time that
such employee is needed to care for such son, daughter, spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild, or
sibling
.