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H.R. 2364 (112th): Family and Medical Leave Inclusion Act


The text of the bill below is as of Jun 24, 2011 (Introduced). The bill was not enacted into law.


I

112th CONGRESS

1st Session

H. R. 2364

IN THE HOUSE OF REPRESENTATIVES

June 24, 2011

(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.

1.

Short title

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

2.

Leave to care for a domestic partner, parent-in-law, adult child, sibling, or grandparent

(a)

Definitions

(1)

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.

.

(2)

Inclusion of adult children and children of a domestic partner

Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended—

(A)

by inserting a child of an individual’s domestic partner, after a legal ward,; and

(B)

by striking who is— and all that follows and inserting and includes an adult child.

(b)

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 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;

(2)

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;

(3)

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,;

(4)

in subsection (e)(2)(A), by striking spouse, parent, and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,;

(5)

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

(6)

in subsection (f)—

(A)

in the matter preceding subparagraph (A), by inserting or domestic partners after husband and wife; and

(B)

in subparagraph (B), by inserting or parent-in-law after parent.

(c)

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 or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling;

(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 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

(3)

in subsection (b)(7), by striking parent, or spouse and inserting spouse or domestic partner, parent, parent-in-law, grandparent, or sibling.

(d)

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 or domestic partner, parent, parent-in-law, grandparent, or sibling; and

(2)

in subparagraph (C)(ii), by striking spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, or sibling.

3.

Federal employees

(a)

Definitions

(1)

Inclusion of grandparents, parents-in-law, siblings, and domestic partners

Section 6381 of title 5, United States Code, is amended—

(A)

in paragraph (11) by striking ; and and inserting a semicolon;

(B)

in paragraph (12), by striking the period and inserting a semicolon; and

(C)

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.

.

(2)

Inclusion of adult children and children of a domestic partner

Section 6381(6) of such title is amended—

(A)

by inserting a child of an individual’s domestic partner, after a legal ward,; and

(B)

by striking who is— and all that follows and inserting and includes an adult child.

(b)

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 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;

(2)

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;

(3)

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,;

(4)

in subsection (e)(2)(A), by striking spouse, parent, and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,; and

(5)

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,.

(c)

Certification

Section 6383 of title 5, United States Code, is amended—

(1)

in subsection (a), by striking spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling; 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 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.