I 111th CONGRESS 1st Session H. R. 2132 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.

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 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.

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.