[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 857 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 857

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2013

 Mr. Durbin (for himself, Mr. Leahy, Mr. Whitehouse, Mr. Sanders, Mrs. 
Murray, Mr. Coons, Mrs. Gillibrand, Mr. Lautenberg, and Mr. Blumenthal) 
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.

    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, 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''.

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 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''.
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