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 to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, grandchild, or grandparent who has a serious health condition.
Sec. 2 Leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, grandchild, 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 grandchildren, 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:
“(20) Domestic partner—The term domestic partner, used with respect to an employee, means—
“(A) 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 the person who is lawfully married to the employee under the law of the State where the employee resides and who is the same sex as the employee; 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, 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.
“(21) 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.
“(22) Grandparent—The term grandparent, used with respect to an employee, means a parent of a parent of the employee.
“(23) 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.
“(24) Sibling—The term sibling, used with respect to an employee, means any person who is a son or daughter of the employee’s parent.
“(25) 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, grandchild, 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, grandparent, sibling,”;
in subsection (e)—
in paragraph (2)(A), by striking “spouse, parent,” and inserting “spouse, domestic partner, parent, parent-in-law, grandchild, 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, grandchild, or sibling,”; and
in subsection (f)—
in paragraph (1), by striking “a husband and wife” and inserting “2 spouses or 2 domestic partners”; and
in paragraph (2)—
in subparagraph (A), by striking “that husband and wife” and inserting “those spouses or those domestic partners”; and
in subparagraph (B), by striking “the husband and wife” and inserting “those spouses or those domestic partners”.
in subsection (a), by striking “spouse, or parent” and inserting “spouse, domestic partner, parent, parent-in-law, grandchild, 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”.
Sec. 3 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 grandchildren, 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:
“(13) the term domestic partner, used with respect to an employee, means—
“(A) 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 the person who is lawfully married to the employee under the law of the State where the employee resides and who is the same sex as the employee; 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, 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 Office of Personnel Management) 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;
“(14) 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;
“(15) the term grandparent, used with respect to an employee, means a parent of a parent of the employee;
“(16) the term parent-in-law, used with respect to an employee, means a parent of the spouse or domestic partner of the employee;
“(17) the term sibling, used with respect to an employee, means any person who is a son or daughter of the employee’s parent; and
“(18) 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.”
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, grandchild, 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, grandparent, sibling,”; and
in subsection (e)—
in paragraph (2)(A), by striking “spouse, parent” and inserting “spouse, domestic partner, parent, parent-in-law, grandchild, 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, 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, domestic partner, parent, parent-in-law, grandchild, 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”.