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H.R. 1751 (113th): Family and Medical Leave Inclusion Act


The text of the bill below is as of Apr 25, 2013 (Introduced). The bill was not enacted into law.


I

113th CONGRESS

1st Session

H. R. 1751

IN THE HOUSE OF REPRESENTATIVES

April 25, 2013

(for herself,Mr. Polis,Mr. Conyers,Mr. Grijalva,Ms. Wilson of Florida,Mr. Cicilline,Ms. Lee of California,Mr. Pocan,Mr. Keating,Mrs. Davis of California,Mr. Lowenthal,Mr. Nadler,Ms. Moore,Mr. Engel,Ms. Norton,Mr. George Miller of California,Mr. Ellison, andMs. Titus) introduced the following bill; which was referred to theCommittee on Education and the Workforce, and in addition to the Committees onHouse AdministrationandOversight 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 Actis further amended by adding at the end the following:

(20)

Domestic partner

The termdomestic partnermeans—

(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 termgrandchildmeans the son or daughter of an employee’s son or daughter.

(22)

Grandparent

The termgrandparentmeans a parent of a parent of an employee.

(23)

Parent-in-law

The termparent-in-lawmeans a parent of the spouse or domestic partner of an employee.

(24)

Sibling

The termsiblingmeans any person who is a son or daughter of an employee’s parent.

(25)

Son-in-law and daughter-in-law

The termsson-in-lawanddaughter-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 insertinga child of an individual’s domestic partner,aftera legal ward,; and

(B)

by strikingwho is—and all that follows and insertingand 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)

insubsection (a)(1)(C), by strikingspouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parentand insertingspouse 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)

insubsection (a)(1)(E), by strikingspouse, or a son, daughter, or parentand insertingspouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling;

(3)

insubsection (a)(3), by strikingspouse, son, daughter, parent,and insertingspouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, or sibling,;

(4)

insubsection (e)(2)(A), by strikingspouse, parent,and insertingspouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,;

(5)

insubsection (e)(3), by strikingspouse, or a son, daughter, or parent,and insertingspouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling,; and

(6)

insubsection (f)

(A)

in the matter precedingsubparagraph (A), by insertingor domestic partnersafterhusband and wife; and

(B)

insubparagraph (B), by insertingor parent-in-lawafterparent.

(c)

Certification

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

(1)

insubsection (a), by strikingspouse, or parentand insertingspouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling;

(2)

insubsection (b)(4)(A), by strikingspouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parentand insertingspouse 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)

insubsection (b)(7), by strikingparent, or spouseand insertingspouse 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)

insubparagraph (A)(i), by strikingspouse, or parentand insertingspouse or domestic partner, parent, parent-in-law, grandparent, or sibling; and

(2)

insubparagraph (C)(ii), by strikingspouse, or parentand insertingspouse 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 6381of title 5, United States Code, is amended—

(A)

inparagraph (11)by striking; andand inserting a semicolon;

(B)

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

(C)

by adding at the end the following:

(13)

the termdomestic partnermeans—

(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 termparent-in-lawmeans a parent of the spouse or domestic partner of an employee;

(15)

the termgrandchildmeans the son or daughter of an employee’s son or daughter;

(16)

the termgrandparentmeans a parent of a parent of an employee;

(17)

the termsiblingmeans any person who is a son or daughter of an employee’s parent; and

(18)

the termsson-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 titleis amended—

(A)

by insertinga child of an individual’s domestic partner,aftera legal ward,; and

(B)

by strikingwho is—and all that follows and insertingand includes an adult child.

(b)

Leave Requirement

Section 6382of title 5, United States Code, is amended—

(1)

insubsection (a)(1)(C), by strikingspouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parentand insertingspouse 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)

insubsection (a)(1)(E), by strikingspouse, or a son, daughter, or parentand insertingspouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling;

(3)

insubsection (a)(3), by strikingspouse, son, daughter, parent,and insertingspouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling,;

(4)

insubsection (e)(2)(A), by strikingspouse, parent,and insertingspouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,; and

(5)

insubsection (e)(3), by strikingspouse, or a son, daughter, or parent,and insertingspouse 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)

insubsection (a), by strikingspouse, or parentand insertingspouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling; and

(2)

insubsection (b)(4)(A), by strikingspouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parentand insertingspouse 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.