“(C) Clarification—Subparagraph (A)(i) shall not apply with respect to a public agency described in subparagraph (A)(iii).”
“(C) Parent—In lieu of the definition in section 101(7), the term parent, with respect to an employee, means any of the following:
“(i) A biological, foster, or adoptive parent of the employee.
“(ii) A stepparent of the employee.
“(iii) A parent-in-law of the employee.
“(iv) A parent of a domestic partner of the employee.
“(v) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.”
“(A) Qualifying need related to a public health emergency—The term qualifying need related to a public health emergency, with respect to leave, means that the employee is unable to perform the functions of the position of such employee due to a need for leave for any of the following:
“(i) To comply with a recommendation or order by a public official having jurisdiction or a health care provider on the basis that the physical presence of the employee on the job would jeopardize the health of others because of—
“(I) the exposure of the employee to COVID–19; or
“(II) exhibition of symptoms of COVID–19 by the employee.
“(ii) To care for a family member of an eligible employee with respect to whom a public official having jurisdiction or a health care provider makes a determination that the presence of such family member in the community would jeopardize the health of other individuals in the community because of—
“(I) the exposure of the family member to COVID–19; or
“(II) exhibition of symptoms of COVID–19 by the family member.
“(iii) To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
“(iv) To care for a family member who meets criteria of 101(12)(B) or is a senior citizen, if the place of care for such family member is closed, or the direct care provider is unavailable, due to a public health emergency.”
“(E) Family member—The term family member, with respect to an employee, means any of the following:
“(i) A parent of the employee.
“(ii) A spouse of the employee.
“(iii) A sibling of the employee.
“(iv) Next of kin of the employee or a person for whom the employee is next of kin.
“(v) A son or daughter of the employee.
“(vi) A grandparent or grandchild of the employee.
“(vii) An domestic partner of the employee.
“(F) Domestic partner
“(i) In general—The term domestic partner, with respect to an individual, means another individual with whom the individual is in a committed relationship.
“(ii) Committed relationship defined—The term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.”
“(C) Employer requirement—An employer may not require an employee to substitute any leave described in subparagraph (B) for leave under section 102(a)(1)(F).
“(D) Relationship to other family and medical leave—Leave taken under subparagraph (F) of section 102(a)(1) shall not count towards the 12 weeks of leave to which an employee is entitled under subparagraphs (A) through (E) of such section.”
“(I) an amount that is not less than the greater of—
“(aa) the minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1));
“(bb) the minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed; or
“(cc) two thirds of an employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)); and”