[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6098 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6098

 To amend the Family and Medical Leave Act of 1993 and title 5, United 
States Code, to permit leave to care for a domestic partner, parent-in-
law, adult child, sibling, grandchild, or grandparent who has a serious 
health condition, and to allow employees to take, as additional leave, 
parental involvement leave to participate in or attend their children's 
    and grandchildren's educational and extracurricular activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2018

  Mrs. Carolyn B. Maloney of New York introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
 in addition to the Committees on Oversight and Government Reform, and 
House Administration, 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 and title 5, United 
States Code, to permit leave to care for a domestic partner, parent-in-
law, adult child, sibling, grandchild, or grandparent who has a serious 
health condition, and to allow employees to take, as additional leave, 
parental involvement leave to participate in or attend their children's 
    and grandchildren's educational and extracurricular activities.

    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 Medical Leave Modernization 
Act''.

SEC. 2. ELIGIBLE EMPLOYEE.

    Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each 
place it appears and inserting ``fewer than 15''.

SEC. 3. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT 
              CHILD, SIBLING, GRANDPARENT, GRANDCHILD, AUNT, UNCLE, OR 
              OTHER INDIVIDUAL RELATED BY BLOOD OR AFFINITY.

    (a) Definitions.--
            (1) Inclusion of grandparents, grandchildren, 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; or
                    ``(B) in the case of an unmarried employee, an 
                unmarried adult person who is in a committed, personal 
                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) Grandchild.--The term `grandchild' means the son or 
        daughter of an employee's son or daughter.
            ``(22) Grandparent.--The term `grandparent' means a parent 
        of a parent of an employee.
            ``(23) Parent-in-law.--The term `parent-in-law' means a 
        parent of the spouse or domestic partner of an employee.
            ``(24) Sibling.--The term `sibling' means any person who is 
        a son or daughter of an employee's parent.
            ``(25) Son-in-law and daughter-in-law.--The terms `son-in-
        law' and `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.
            ``(26) Aunt or uncle.--The term `aunt or uncle of the 
        employee', means the sister or brother of an employee's parent.
            ``(27) Any other individual related by blood or affinity 
        whose close association is the equivalent of a family 
        relationship.--The term `any other individual related by blood 
        or affinity whose close association is the equivalent of a 
        family relationship' means any person with whom the employee 
        has a significant personal bond that is or is like a family 
        relationship, regardless of biological or legal 
        relationship.''.
            (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''.
    (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, grandchild, sibling, aunt, or uncle of the 
        employee, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship, if such spouse, domestic partner, son, 
        daughter, parent, parent-in-law, grandparent, grandchild, 
        sibling, or such other individual'';
            (2) in subsection (a)(1)(E), by striking ``spouse, or a 
        son, daughter, or parent of the employee'' and inserting 
        ``spouse or domestic partner, or a son, daughter, parent, 
        parent-in-law, grandchild, sibling, aunt, or uncle of the 
        employee, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship'';
            (3) in subsection (a)(3), by striking ``spouse, son, 
        daughter, parent, or next of kin of a covered service member'' 
        and inserting ``spouse or domestic partner, son, daughter, son-
        in-law, daughter-in-law, parent, parent-in-law, grandparent, 
        sibling, aunt, or uncle, or next of kin of a covered service 
        member, or any other individual related by blood or affinity to 
        a covered service member who close association with such 
        service member is the equivalent of a family relationship'';
            (4) in subsection (e)(2)(A), by striking ``spouse, parent, 
        or covered service member of the employee'' and inserting 
        ``spouse or domestic partner, parent, parent-in-law, 
        grandparent, grandchild, sibling, aunt, or uncle, or covered 
        service member of the employee, or any other individual related 
        by blood or affinity whose close association with the employee 
        is the equivalent of a family relationship'';
            (5) in subsection (e)(3), by striking ``spouse, or a son, 
        daughter, or parent, of the employee'' and inserting ``spouse 
        or domestic partner, or a son, daughter, parent, parent-in-law, 
        grandchild, sibling, aunt, or uncle of the employee, or any 
        other individual related by blood or affinity whose close 
        association with the employee is the equivalent of a family 
        relationship''; and
            (6) in subsection (f)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or domestic partners'' after ``husband and 
                wife''; and
                    (B) in subparagraph (B), by inserting ``or parent-
                in-law'' after ``parent''.
    (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 of 
        the employee, or of the next of kin of an individual in the 
        case of leave taken under such paragraph (3), as appropriate'' 
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, aunt, or uncle of the 
        employee, or of the next of kin of an individual in the case of 
        leave taken under such paragraph (3), as appropriate, or any 
        other individual related by blood or affinity whose close 
        association with the employee is the equivalent of a family 
        relationship'';
            (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 or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, aunt, or uncle of the 
        employee, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship and an estimate of the amount of time 
        that such employee is needed to care for such son, daughter, 
        spouse or domestic partner, parent, parent-in-law, grandparent, 
        sibling, aunt, or uncle, or such other individual''; and
            (3) in subsection (b)(7), by striking ``parent, or spouse'' 
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, aunt, or uncle of the 
        employee, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship''.
    (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 or domestic partner, parent, 
        parent-in-law, grandparent, grandchild, sibling, aunt, or 
        uncle, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship''; and
            (2) in subparagraph (C)(ii), by striking ``spouse, or 
        parent'' and inserting ``spouse or domestic partner, parent, 
        parent-in-law, grandparent, grandchild, sibling, aunt, or uncle 
        of the employee, or any other individual related by blood or 
        affinity whose close association with the employee is the 
        equivalent of a family relationship''.

SEC. 4. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT 
              CHILD, SIBLING, GRANDPARENT, GRANDCHILD, AUNT, OR UNCLE 
              OF THE EMPLOYEE, OR OTHER INDIVIDUAL RELATED BY BLOOD OR 
              AFFINITY FOR FEDERAL EMPLOYEES.

    (a) Definitions.--
            (1) Inclusion of domestic partners, parents-in-law, adult 
        children, sibling, aunt, or uncle, grandparents, grandchildren, 
        or other individuals related by blood or affinity.--Section 
        6381 of title 5, United States Code, is amended--
                    (A) in paragraph (11) 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' 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; or
                    ``(B) in the case of an unmarried employee, an 
                unmarried adult person who is in a committed, personal 
                relationship with the employee, is not a domestic 
                partner to any other person, and who is designated to 
                the employing agency by such employee as that 
                employee's domestic partner;
            ``(14) the term `parent-in-law' means a parent of the 
        spouse or domestic partner of an employee;
            ``(15) the term `grandchild' means the son or daughter of 
        an employee's son or daughter;
            ``(16) the term `grandparent' means a parent of a parent of 
        an employee;
            ``(17) the term `sibling' means any person who is a son or 
        daughter of an employee's parent; and
            ``(18) the terms `son-in-law and 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.
            ``(19) Aunt or uncle.--The term `aunt or uncle of the 
        employee', means the sister or brother of an employee's parent.
            ``(20) Any other individual related by blood or affinity 
        whose close association is the equivalent of a family 
        relationship.--The term `any other individual related by blood 
        or affinity whose close association is the equivalent of a 
        family relationship' means any person with whom the employee 
        has a significant personal bond that is or is like a family 
        relationship, regardless of biological or legal 
        relationship.''.
            (2) Inclusion of adult children and children of a domestic 
        partner.--Section 6381(6) of such title 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''.
    (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, grandchild, or sibling, aunt, or uncle of the 
        employee, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship, if such spouse, domestic partner, son, 
        daughter, parent, parent-in-law, grandparent, grandchild, 
        sibling, or such other individual'';
            (2) in subsection (a)(1)(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, 
        sibling, aunt, or uncle of the employee, or any other 
        individual related by blood or affinity whose close association 
        with the employee is the equivalent of a family relationship'';
            (3) in subsection (a)(3), by striking ``spouse, son, 
        daughter, parent,'' and inserting ``spouse or domestic partner, 
        son, daughter, son-in-law, daughter-in-law, parent, parent-in-
        law, grandparent, sibling, aunt, or uncle of the employee, or 
        any other individual related by blood or affinity whose close 
        association with the employee is the equivalent of a family 
        relationship,'';
            (4) in subsection (e)(2)(A), by striking ``spouse, 
        parent,'' and inserting ``spouse or domestic partner, parent, 
        parent-in-law, grandparent, grandchild, sibling, aunt, or uncle 
        of the employee, or any other individual related by blood or 
        affinity whose close association with the employee is the 
        equivalent of a family relationship,''; and
            (5) in subsection (e)(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, 
        sibling, aunt, or uncle of the employee, or any other 
        individual related by blood or affinity whose close association 
        with the employee is the equivalent of a family 
        relationship,''.
    (c) Certification.--Section 6383 of title 5, United States Code, is 
amended--
            (1) in subsection (a), by striking ``spouse, or parent'' 
        and inserting ``spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, aunt, or uncle of the 
        employee, or any other individual related by blood or affinity 
        whose close association with the employee is the equivalent of 
        a family relationship,''; 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 or domestic partner, parent, 
        parent-in-law, grandparent, grandchild, sibling, aunt, or uncle 
        of the employee, or any other individual related by blood or 
        affinity whose close association with the employee is the 
        equivalent of a family relationship and an estimate of the 
        amount of time that such employee is needed to care for such 
        son, daughter, spouse or domestic partner, parent, parent-in-
        law, grandparent, grandchild, sibling, or such other 
        individual''.

SEC. 5. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL 
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 102(a) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(a)) is further amended by adding at 
the end the following new paragraph:
            ``(5) Entitlement to additional leave for parental 
        involvement and family wellness.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                section 103(g), an eligible employee shall be entitled 
                to leave under this paragraph to--
                            ``(i) participate in or attend an activity 
                        that is sponsored by a school or community 
                        organization and relates to a program of the 
                        school or organization that is attended by a 
                        son or daughter or a grandchild of the 
                        employee; or
                            ``(ii) meet routine family medical care 
                        needs, including for medical and dental 
                        appointments of the employee or a son, 
                        daughter, spouse, or grandchild of the 
                        employee, or to attend to the care needs of 
                        elderly individuals who are related to the 
                        eligible employee, including visits to nursing 
                        homes and group homes.
                    ``(B) Limitations.--
                            ``(i) In general.--An eligible employee is 
                        entitled to--
                                    ``(I) not to exceed 4 hours of 
                                leave under this paragraph during any 
                                30-day period; and
                                    ``(II) not to exceed 24 hours of 
                                leave under this paragraph during any 
                                12-month period.
                            ``(ii) Coordination rule.--Leave under this 
                        paragraph shall be in addition to any leave 
                        provided under any other paragraph of this 
                        subsection.
                    ``(C) Definitions.--As used in this paragraph:
                            ``(i) School.--The term `school' means an 
                        elementary school or secondary school (as such 
                        terms are defined in section 8101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801)), a Head Start program 
                        assisted under the Head Start Act (42 U.S.C. 
                        9831 et seq.), or a child care facility.
                            ``(ii) Community organization.--The term 
                        `community organization' means a private 
                        nonprofit organization that is representative 
                        of a community or a significant segment of a 
                        community and provides activities for 
                        individuals described in subparagraph (A) or 
                        (B) of section 101(12), such as a scouting or 
                        sports organization.''.
    (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) 
is amended by inserting after the third sentence the following new 
sentence: ``Leave under subsection (a)(5) may be taken intermittently 
or on a reduced leave schedule.''.
    (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 
U.S.C. 2612(d)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Parental involvement leave and family 
                wellness leave.--An eligible employee may elect, or an 
                employer may require the employee, to substitute any of 
                the accrued paid vacation leave, personal leave, or 
                family leave of the employee for any leave under 
                subsection (a)(5). In addition, an eligible employee 
                may elect, or an employer may require the employee, to 
                substitute any of the accrued paid medical or sick 
                leave of the employee for leave provided under clause 
                (ii) of subsection (a)(5)(A) for any part of the leave 
                under such clause, except that nothing in this title 
                shall require an employer to provide paid sick leave or 
                paid medical leave in any situation in which such 
                employer would not normally provide any such paid 
                leave. If the employee elects or the employer requires 
                the substitution of accrued paid leave for leave 
                provided under subsection (a)(5)(A), the employer shall 
                not restrict or limit this substitution or impose any 
                additional terms and conditions on such leave that are 
                more stringent on the employee than the terms and 
                conditions set forth in this Act.''.
    (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is 
further amended by adding at the end the following new paragraph:
            ``(4) Notice relating to parental involvement and family 
        wellness leave.--In any case in which an employee requests 
        leave under paragraph (5) of subsection (a), the employee 
        shall--
                    ``(A) provide the employer with not less than 7 
                days' notice or as much notice as is practicable before 
                the date the leave is to be taken, of the employee's 
                intention to take leave under such paragraph; and
                    ``(B) in the case of leave to be taken under 
                subparagraph (A)(ii), make a reasonable effort to 
                schedule the leave so as not to disrupt unduly the 
                operations of the employer, subject to the approval of 
                the health care provider involved (if any).''.
    (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is 
further amended by adding at the end the following new subsection:
    ``(g) Certification Related to Parental Involvement and Family 
Wellness Leave.--An employer may require that a request for leave under 
section 102(a)(5) be supported by a certification issued at such time 
and in such manner as the Secretary may by regulation prescribe.''.

SEC. 6. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL 
              INVOLVEMENT AND FAMILY WELLNESS.

    (a) Leave Requirement.--Section 6382(a) of title 5, United States 
Code, is further amended by adding at the end the following new 
paragraph:
    ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an 
employee shall be entitled to leave under this paragraph to--
            ``(i) participate in or attend an activity that is 
        sponsored by a school or community organization and relates to 
        a program of the school or organization that is attended by a 
        son or daughter or a grandchild of the employee; or
            ``(ii) meet routine family medical care needs, including 
        for medical and dental appointments of a son, daughter, spouse, 
        or grandchild of the employee, or to attend to the care needs 
        of elderly individuals who are related to the eligible 
        employee, including visits to nursing homes and group homes.
    ``(B)(i) An employee is entitled to--
            ``(I) not to exceed 4 hours of leave under this paragraph 
        during any 30-day period; and
            ``(II) not to exceed 24 hours of leave under this paragraph 
        during any 12-month period.
    ``(ii) Leave under this paragraph shall be in addition to any leave 
provided under any other paragraph of this subsection.
    ``(C) For the purpose of this paragraph--
            ``(i) the term `school' means an elementary school or 
        secondary school (as such terms are defined in section 8101 of 
        the Elementary and Secondary Education Act of 1965), a Head 
        Start program assisted under the Head Start Act, and a child 
        care facility licensed under State law; and
            ``(ii) the term `community organization' means a private 
        nonprofit organization that is representative of a community or 
        a significant segment of a community and provides activities 
        for individuals described in subparagraph (A) or (B) of section 
        6381(6), such as a scouting or sports organization.''.
    (b) Schedule.--Section 6382(b)(1) of such title is amended--
            (1) by inserting after the second sentence the following 
        new sentence: ``Leave under subsection (a)(5) may be taken 
        intermittently or on a reduced leave schedule.''; and
            (2) in the last sentence, by striking ``involved,'' and 
        inserting ``involved (or, in the case of leave under subsection 
        (a)(5), for purposes of any 30-day or 12-month period),''.
    (c) Substitution of Paid Leave.--Section 6382(d) of such title is 
further amended--
            (1) by inserting ``(1)'' after the subsection designation; 
        and
            (2) by adding at the end the following:
    ``(2) An employee may elect to substitute for leave under 
subsection (a)(5), any of the employee's accrued or accumulated annual 
or sick leave under subchapter I. If the employee elects to substitute 
accumulated annual or sick leave for leave provided under subsection 
(a)(5), the employing agency shall not restrict or limit this 
substitution or impose any additional terms and conditions on such 
leave that are more stringent on the employee than the terms and 
conditions set forth in this subchapter.''.
    (d) Notice.--Section 6382(e) of such title is further amended by 
adding at the end the following new paragraph:
    ``(3) In any case in which an employee requests leave under 
paragraph (5) of subsection (a), the employee shall--
            ``(A) provide the employing agency with not less than 7 
        days' notice, before the date the leave is to be taken, of the 
        employee's intention to take leave under such paragraph; and
            ``(B) in the case of leave to be taken under subparagraph 
        (A)(ii), make a reasonable effort to schedule the leave so as 
        not to disrupt unduly the operations of the employer, subject 
        to the approval of the health care provider involved (if 
        any).''.
    (e) Certification.--Section 6383(f) of such title is amended by 
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section 
6382(a)''.
                                 <all>