[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2132 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2132

 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 who has a serious health condition.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2009

   Mrs. Maloney (for herself, Ms. Baldwin, Ms. Woolsey, Mr. Frank of 
  Massachusetts, Mr. Polis of Colorado, Mr. Delahunt, Ms. Hirono, Mr. 
Farr, Mr. Israel, and Mr. Nadler of New York) introduced the following 
 bill; which was referred to the Committee on Education and Labor, 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 to permit leave to 
  care for a same-sex spouse, domestic partner, parent-in-law, adult 
   child, sibling, or grandparent who has a serious health condition.

    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) Definitions.--
            (1) Inclusion of same-sex spouses.--Section 101(13) of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is 
        amended, by inserting ``, and includes a same-sex spouse as 
        determined under applicable State law'' before the period.
            (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''.
            (3) Inclusion of grandparents, 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
                    ``(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, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate 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) Grandparent.--The term `grandparent' means a parent 
        of a parent of an employee.
            ``(22) Parent-in-law.--The term `parent-in-law' means a 
        parent of the spouse or domestic partner of an employee.
            ``(23) Sibling.--The term `sibling' means any person who is 
        a son or daughter of an employee's parent.''.
    (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, or sibling, of the employee if such spouse, 
        domestic partner, son, daughter, parent, parent-in-law, 
        grandparent, or sibling'';
            (2) in subsection (a)(3), by striking ``spouse, son, 
        daughter, parent,'' and inserting ``spouse or domestic partner, 
        son, daughter, parent, parent-in-law, grandparent, sibling,''; 
        and
            (3) in subsection (e)(2)(A), by striking ``spouse, or 
        parent'' and inserting ``spouse, domestic partner, parent, 
        parent-in-law, grandparent, or sibling''.
    (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, domestic partner, parent, parent-in-
        law, grandparent, 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, domestic partner, parent, parent-in-
        law, grandparent, or sibling and an estimate of the amount of 
        time that such employee is needed to care for such son, 
        daughter, spouse, domestic partner, parent, parent-in-law, 
        grandparent, or sibling''; and
            (3) in subsection (b)(7), by striking ``parent, or spouse'' 
        and inserting ``spouse, 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, domestic partner, parent, 
        parent-in-law, grandparent, or sibling''; and
            (2) in subparagraph (C)(ii), by striking ``spouse, or 
        parent'' and inserting ``spouse, domestic partner, parent, 
        parent-in-law, grandparent, or sibling''.

SEC. 3. FEDERAL EMPLOYEES.

    (a) Definitions.--
            (1) Inclusion of adult children and children of a domestic 
        partner.--Section 6381(6) of title 5, United States Code, 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''.
            (2) Inclusion of grandparents, parents-in-law, siblings, 
        and domestic partners.--Section 6381 of such title is further 
        amended--
                    (A) in paragraph (10) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (11), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(12) 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
                    ``(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, a single, 
                unmarried adult person of the same sex as the employee 
                who is in a committed, intimate 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.
            ``(13) The term `parent-in-law' means a parent of the 
        spouse or domestic partner of an employee.
            ``(14) The term `grandparent' means a parent of a parent of 
        an employee.
            ``(15) The term `sibling' means any person who is a son or 
        daughter of an employee's parent.
            ``(16) The term `spouse' includes a same-sex spouse as 
        determined under applicable State law.''.
    (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, or sibling, of the employee if such spouse, 
        domestic partner, son, daughter, parent, parent-in-law, 
        grandparent, or sibling'';
            (2) in subsection (a)(3), by striking ``spouse, son, 
        daughter, parent,'' and inserting ``spouse or domestic partner, 
        son, daughter, parent, parent-in-law, grandparent, sibling,''; 
        and
            (3) in subsection (e)(2)(A), by striking ``spouse, or 
        parent'' and inserting ``spouse, domestic partner, parent, 
        parent-in-law, grandparent, 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, domestic partner, parent, parent-in-
        law, grandparent, 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, domestic partner, parent, 
        parent-in-law, grandparent, or sibling and an estimate of the 
        amount of time that such employee is needed to care for such 
        son, daughter, spouse, domestic partner, parent, parent-in-law, 
        grandparent, or sibling''.
                                 <all>