Section 1 Short title
This Act may be cited as the “Family and Medical Leave Inclusion Act”.
Family and Medical Leave Inclusion Act
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.
Sec. 2 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:
“(20) Domestic partner—The term domestic partner means—
“(A) 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
“(B) 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.
“(21) Grandchild—The term grandchild means the son or daughter of an employee’s son or daughter.
“(22) Grandparent—The term grandparent means a parent of a parent of an employee.
“(23) Parent-in-law—The term parent-in-law means a parent of the spouse or domestic partner of an employee.
“(24) Sibling—The term sibling means any person who is a son or daughter of an employee’s parent.
“(25) 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”.
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”.
Sec. 3 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:
“(13) the term domestic partner means—
“(A) 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
“(B) 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;
“(14) the term parent-in-law means a parent of the spouse or domestic partner of an employee;
“(15) the term grandchild means the son or daughter of an employee’s son or daughter;
“(16) the term grandparent means a parent of a parent of an employee;
“(17) the term sibling means any person who is a son or daughter of an employee’s parent; and
“(18) 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”.
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,”.
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”.