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H.R. 475 (109th): Family and Medical Leave Inclusion Act


The text of the bill below is as of Feb 1, 2005 (Introduced). The bill was not enacted into law.


HR 475 IH

109th CONGRESS

1st Session

H. R. 475

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 if the same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent has a serious health condition, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 1, 2005

Mrs. MALONEY (for herself, Ms. DELAURO, Mr. WEINER, Mr. VAN HOLLEN, Mr. GEORGE MILLER of California, Mr. FRANK of Massachusetts, Mr. MCGOVERN, Mr. OWENS, Mr. BERMAN, Mr. FATTAH, Mr. LANTOS, Mr. BISHOP of New York, Mr. ENGEL, Mr. AL GREEN of Texas, Mr. BAIRD, Mr. ABERCROMBIE, Mr. TOWNS, Mr. CROWLEY, Mr. GRIJALVA, Ms. JACKSON-LEE of Texas, Mr. MCNULTY, Mr. EVANS, Mrs. JONES of Ohio, Mr. WAXMAN, Mr. SANDERS, Mr. PASCRELL, and Mr. HASTINGS of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Government Reform and House Administration, 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 to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent if the same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent has a serious health condition, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Family and Medical Leave Inclusion Act'.

SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT.

    (a) Leave Requirement- Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--

      (1) 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 (including a same-sex spouse as determined under applicable State law), son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent of the employee if such spouse, son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'; and

      (2) in subsection (e)(2)(A), by striking `spouse, or parent' and inserting `spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'.

    (b) Certification- Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended--

      (1) in subsection (a), by striking `spouse, or parent' and inserting `spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent';

      (2) 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 (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent and an estimate of the amount of time that such employee is needed to care for such spouse, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'; and

      (3) in subsection (b)(7), by striking `parent, or spouse' and inserting `domestic partner, parent-in-law, adult child, sibling, grandparent, parent, or spouse (including a same-sex spouse as determined under applicable State law)'.

    (c) 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--

      (1) in subparagraph (A)(i), by striking `spouse, or parent' and inserting `spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'; and

      (2) in subparagraph (C)(ii), by striking `spouse, or parent' and inserting `spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'.

SEC. 3. FEDERAL EMPLOYEES.

    (a) Leave Requirement- Section 6382 of title 5, United States Code, is amended--

      (1) 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 (including a same-sex spouse as determined under applicable State law), son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent of the employee if such spouse, son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'; and

      (2) in subsection (e)(2)(A), by striking `spouse, or parent' and inserting `spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'.

    (b) Certification- Section 6383 of title 5, United States Code, is amended--

      (1) in subsection (a), by striking `spouse, or parent' and inserting `spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'; and

      (2) 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 (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent'.