II 112th CONGRESS 1st Session S. 1283 IN THE SENATE OF THE UNITED STATES June 28, 2011 Mr. Durbin (for himself, Mr. Sanders, Mr. Merkley, Mr. Whitehouse, Mr. Blumenthal, Mr. Leahy, Mr. Kerry, Mrs. Gillibrand, Mr. Coons, Mr. Akaka, and Mr. Lautenberg) 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, grandchild, 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 same-sex spouse, domestic partner, parent-in-law, adult child, sibling, grandchild, 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 grandchildren, 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 the person who is lawfully married to the employee under the law of the State where the employee resides and who is the same sex as the employee; 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, grandchild, 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, grandparent, sibling,; (3)in subsection (e)— (A)in paragraph (2)(A), by striking spouse, parent, and inserting spouse, domestic partner, parent, parent-in-law, grandchild, 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, grandchild, or sibling,; and (4)in subsection (f)— (A)in paragraph (1), by striking a husband and wife and inserting 2 spouses or 2 domestic partners; and (B)in paragraph (2)— (i)in subparagraph (A), by striking that husband and wife and inserting those spouses or those domestic partners; and (ii)in subparagraph (B), by striking the husband and wife and inserting those spouses or those domestic partners. (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, grandchild, 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.

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 grandchildren, 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 the person who is lawfully married to the employee under the law of the State where the employee resides and who is the same sex as the employee; 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 Office of Personnel Management) 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; and (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. . (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, grandchild, 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, grandparent, sibling,; and (3)in subsection (e)— (A)in paragraph (2)(A), by striking spouse, parent and inserting spouse, domestic partner, parent, parent-in-law, grandchild, 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, grandchild, 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, grandchild, 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.