[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 475 Introduced in House (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''.
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