[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3680 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3680

 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 SENATE OF THE UNITED STATES

                             July 30, 2010

  Mr. Durbin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 SAME-SEX SPOUSE, DOMESTIC PARTNER, PARENT-
              IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT.

    (a) Definitions.--
            (1) 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.''.
            (2) 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.
            (3) Inclusion of grandparents, parents-in-law, siblings, 
        and domestic partners.--Section 101 of such Act (29 U.S.C. 
        2611) is further amended by adding at the end the following:
            ``(20) Domestic partner.--The term `domestic partner', used 
        with respect to an employee, means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union law 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, personal (as defined in 
                regulations issued by the Secretary) relationship with 
                the employee, who 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', used with 
        respect to an employee, means any person who is a son or 
        daughter of a son or daughter of the employee.
            ``(22) Grandparent.--The term `grandparent', used with 
        respect to an employee, means a parent of a parent of the 
        employee.
            ``(23) Parent-in-law.--The term `parent-in-law', used with 
        respect to an employee, means a parent of the spouse or 
        domestic partner of the employee.
            ``(24) Sibling.--The term `sibling', used with respect to 
        an employee, means any person who is a son or daughter of the 
        employee's parent.
            ``(25) Son-in-law or daughter-in-law.--The term `son-in-law 
        or 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.''.
    (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)--
                    (A) in subparagraph (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''; and
                    (B) in subparagraph (E), by striking ``spouse, or a 
                son, daughter, or parent'' and inserting ``spouse or 
                domestic partner, or a 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, son-in-law or daughter-in-law, 
        grandchild, sibling,''; and
            (3) in subsection (e)--
                    (A) in paragraph (2)(A), by striking ``spouse, 
                parent,'' and inserting ``spouse, domestic partner, 
                parent, parent-in-law, grandparent, sibling,''; and
                    (B) in paragraph (3), by striking ``spouse, or a 
                son, daughter, or parent,'' and inserting ``spouse or 
                domestic partner, or a son, daughter, 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''; and
            (2) in subsection (b)--
                    (A) in paragraph (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
                    (B) in paragraph (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 (11)(B), 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', used with respect to an 
        employee, means--
                    ``(A) the person recognized as the domestic partner 
                of the employee under any domestic partner registry or 
                civil union law 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, personal (as defined in 
                regulations issued by the Secretary) relationship with 
                the employee, who 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;
            ``(14) the term `grandchild', used with respect to an 
        employee, means any person who is a son or daughter of a son or 
        daughter of the employee;
            ``(15) the term `grandparent', used with respect to an 
        employee, means a parent of a parent of the employee;
            ``(16) the term `parent-in-law', used with respect to an 
        employee, means a parent of the spouse or domestic partner of 
        the employee;
            ``(17) the term `sibling', used with respect to an 
        employee, means any person who is a son or daughter of the 
        employee's parent;
            ``(18) the term `son-in-law or 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; and
            ``(19) the term `spouse', used with respect to an employee, 
        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)--
                    (A) in subparagraph (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''; and
                    (B) in subparagraph (E), by striking ``spouse, or a 
                son, daughter, or parent'' and inserting ``spouse or 
                domestic partner, or a 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, son-in-law or daughter-in-law, 
        grandchild, sibling,''; and
            (3) in subsection (e)--
                    (A) in paragraph (2)(A), by striking ``spouse, 
                parent'' and inserting ``spouse, domestic partner, 
                parent, parent-in-law, grandparent, sibling''; and
                    (B) in paragraph (3), by striking ``spouse, or a 
                son, daughter, or parent,'' and inserting ``spouse or 
                domestic partner, or a son, daughter, 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''.
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