[Congressional Record Volume 165, Number 204 (Tuesday, December 17, 2019)]
[Senate]
[Pages S7116-S7119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Blumenthal, Ms. Duckworth,
[[Page S7117]]
Mr. Leahy, Ms. Harris, and Mr. Brown):
S. 3071. 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, or adult child, or another related individual,
who has a serious health condition, and to allow employees to take, as
additional leave, parental involvement and family wellness leave to
participate in or attend their children's and grandchildren's
educational and extracurricular activities or meet family care needs;
to the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3071
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. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW,
DAUGHTER-IN-LAW, PARENT-IN-LAW, ADULT CHILD,
GRANDPARENT, GRANDCHILD, OR SIBLING OF THE
EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL.
(a) Definitions.--
(1) Inclusion of related individuals.--Section 101 of such
Act is further amended by adding at the end the following:
``(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', used with respect to an employee,
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.
``(21) 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 partnership or civil union law of
a 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 as described in
subparagraph (A) to or in such a relationship with any other
person, and who is designated to the employer by such
employee as that employee's domestic partner.
``(22) Grandchild.--The term `grandchild' means the son or
daughter of an employee's son or daughter.
``(23) Grandparent.--The term `grandparent' means a parent
of a parent of an employee.
``(24) Nephew; niece.--The terms `nephew' and `niece', used
with respect to an employee, mean a son or daughter of the
employee's sibling.
``(25) Parent-in-law.--The term `parent-in-law' means a
parent of the spouse or domestic partner of an employee.
``(26) Sibling.--The term `sibling' means any person who is
a son or daughter of an employee's parent (other than the
employee).
``(27) Son-in-law; daughter-in-law.--The terms `son-in-law'
and `daughter-in-law', used with respect to an employee, mean
any person who is a spouse or domestic partner of a son or
daughter, as the case may be, of the employee.
``(28) Uncle; aunt.--The terms `uncle' and `aunt', used
with respect to an employee, mean the son or daughter, as the
case may be, of the employee's grandparent (other than the
employee's parent).''.
(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)--
(A) in paragraph (1)--
(i) 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 or daughter, son-in-law, daughter-in-law,
parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, if such spouse, domestic partner, son or
daughter, son-in-law, daughter-in-law, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or nephew or
niece, or such other individual''; and
(ii) in subparagraph (E), by striking ``spouse, or a son,
daughter, or parent of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law,
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee''; and
(B) in paragraph (3), by striking ``spouse, son, daughter,
parent, or next of kin of a covered servicemember'' and
inserting ``spouse or domestic partner, son or daughter, son-
in-law, daughter-in-law, parent, parent-in-law, grandparent,
sibling, uncle or aunt, nephew or niece, or next of kin of a
covered servicemember, or any other individual related by
blood or affinity whose close association is the equivalent
of a family relationship with the covered servicemember'';
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``son, daughter,
spouse, parent, or covered servicemember of the employee, as
appropriate'' and inserting ``son or daughter, son-in-law,
daughter-in-law, spouse or domestic partner, parent, parent-
in-law, grandparent, grandchild, sibling, uncle or aunt,
nephew or niece, or covered servicemember of the employee, or
any other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, as appropriate''; and
(B) in paragraph (3), by striking ``spouse, or a son,
daughter, or parent, of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law,
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, as appropriate,''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, or domestic partners,'' after ``husband and wife''; and
(ii) in subparagraph (B), by inserting ``or parent-in-law''
after ``parent''; and
(B) in paragraph (2), by inserting ``, or those domestic
partners,'' after ``husband and wife'' each place it appears.
(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 ``son, daughter, 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 ``son or daughter, son-
in-law, daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or the next of kin
of an individual, or any other individual related by blood or
affinity whose close association is the equivalent of a
family relationship with the employee, as appropriate''; and
(2) in subsection (b)--
(A) in paragraph (4)(A), by striking ``son, daughter,
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 ``son or daughter, son-in-
law, daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or any other
individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, as appropriate, and an estimate of the amount
of time that such employee is needed to care for such son or
daughter, son-in-law, daughter-in-law, spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild,
sibling, uncle or aunt, or nephew or niece, or such other
individual''; and
(B) in paragraph (7), by striking ``son, daughter, parent,
or spouse who has a serious health condition, or will assist
in their recovery,'' and inserting ``son or daughter, son-in-
law, daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece, with a serious health condition, of
the employee, or an individual, with a serious health
condition, who is any other individual related by blood or
affinity whose close association is the equivalent of a
family relationship with the employee, as appropriate, or
will assist in the recovery,''.
(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 ``son, daughter,
spouse, or parent of the employee, as appropriate,'' and
inserting ``son or daughter, son-in-law, daughter-in-law,
spouse or domestic partner, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or nephew or
niece of the employee, or any other individual related by
blood or affinity whose close association is the equivalent
of a family relationship with the employee, as
appropriate,''; and
(2) in subparagraph (C)(ii), by striking ``son, daughter,
spouse, or parent'' and inserting ``employee's son or
daughter, son-in-law, daughter-in-law, spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild,
sibling, uncle or aunt, or nephew or niece, or (with relation
to the employee) any other individual related by blood or
affinity whose close association is the equivalent of a
family relationship, as appropriate,''.
[[Page S7118]]
SEC. 3. LEAVE TO CARE FOR A DOMESTIC PARTNER, SON-IN-LAW,
DAUGHTER-IN-LAW, PARENT-IN-LAW, ADULT CHILD,
GRANDPARENT, GRANDCHILD, OR SIBLING OF THE
EMPLOYEE, OR ANOTHER RELATED INDIVIDUAL FOR
FEDERAL EMPLOYEES.
(a) Definitions.--
(1) Inclusion of a domestic partner, son-in-law, daughter-
in-law, parent-in-law, adult child, grandparent, grandchild,
or sibling of the employee, or another individual 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 `any other individual related by blood or
affinity whose close association is the equivalent of a
family relationship', used with respect to an employee, 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;
``(14) 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 partnership or civil union law of
a 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 as described in
subparagraph (A) or in such a relationship with any other
person, and who is designated to the employing agency by such
employee as that employee's domestic partner;
``(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 terms `nephew' and `niece', used with respect to
an employee, mean a son or daughter of the employee's
sibling;
``(18) the term `parent-in-law' means a parent of the
spouse or domestic partner of an employee;
``(19) the term `sibling' means any person who is a son or
daughter of an employee's parent (other than the employee);
``(20) the terms `son-in-law' and `daughter-in-law', used
with respect to an employee, mean any person who is a spouse
or domestic partner of a son or daughter, as the case may be,
of the employee;
``(21) the term `State' has the same meaning given the term
in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203); and
``(22) the terms `uncle' and `aunt', used with respect to
an employee, mean the son or daughter, as the case may be, of
the employee's grandparent (other than the employee's
parent).''.
(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)--
(A) in paragraph (1)--
(i) 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 or daughter, son-in-law, daughter-in-law,
parent, parent-in-law, grandparent, grandchild, sibling,
uncle or aunt, or nephew or niece 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 or
daughter, son-in-law, daughter-in-law, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or nephew or
niece, or such other individual''; and
(ii) in subparagraph (E), by striking ``spouse, or a son,
daughter, or parent of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law,
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee''; and
(B) in paragraph (3), by striking ``spouse, son, daughter,
parent, or next of kin of a covered servicemember'' and
inserting ``spouse or domestic partner, son or daughter, son-
in-law, daughter-in-law, parent, parent-in-law, grandparent,
sibling, uncle or aunt, nephew or niece, or next of kin of a
covered servicemember, or any other individual related by
blood or affinity whose close association is the equivalent
of a family relationship with the covered servicemember'';
and
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``son, daughter,
spouse, parent, or covered servicemember of the employee, as
appropriate'' and inserting ``son or daughter, son-in-law,
daughter-in-law, spouse or domestic partner, parent, parent-
in-law, grandparent, grandchild, sibling, uncle or aunt,
nephew or niece, or covered servicemember of the employee, or
any other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, as appropriate''; and
(B) in paragraph (3), by striking ``spouse, or a son,
daughter, or parent, of the employee'' and inserting ``spouse
or domestic partner, or a son or daughter, son-in-law,
daughter-in-law, parent, parent-in-law, grandchild, sibling,
uncle or aunt, or nephew or niece of the employee, or any
other individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, as appropriate,''.
(c) Certification.--Section 6383 of title 5, United States
Code, is amended--
(1) in subsection (a), by striking ``son, daughter, spouse,
or parent of the employee, as appropriate'' and inserting
``son or daughter, son-in-law, daughter-in-law, spouse or
domestic partner, parent, parent-in-law, grandparent,
grandchild, sibling, uncle or aunt, or nephew or niece of the
employee, or any other individual related by blood or
affinity whose close association is the equivalent of a
family relationship with the employee, as appropriate''; and
(2) in subsection (b)(4)(A), by striking ``son, daughter,
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 ``son or daughter, son-in-
law, daughter-in-law, spouse or domestic partner, parent,
parent-in-law, grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or any other
individual related by blood or affinity whose close
association is the equivalent of a family relationship with
the employee, as appropriate, and an estimate of the amount
of time that such employee is needed to care for such son or
daughter, son-in-law, daughter-in-law, spouse or domestic
partner, parent, parent-in-law, grandparent, grandchild,
sibling, uncle or aunt, or nephew or niece, or such other
individual''.
SEC. 4. 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)), as amended by
section 2(b), is further amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) 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 by
attending medical and dental appointments of the employee or
a son or daughter, spouse, or grandchild of the employee) or
attend to the care needs of an elderly individual who is
related to the employee through a relationship described in
section 102(a) (including by making visits to nursing homes
or group homes).
``(B) Limitations.--
``(i) In general.--An eligible employee shall be 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 described in paragraph (4).
``(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) 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 section 101(12), such as a scouting or sports
organization.
``(ii) 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.), and a child care
facility licensed under State law.''.
(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: ``Subject to subsection (e)(4)
and section 103(g), 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.--
``(i) Vacation leave; personal leave; family 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 part of the period of leave under subsection (a)(5).
``(ii) Medical or sick leave.--An eligible employee may
elect, or an employer may require the employee, to substitute
any of the
[[Page S7119]]
accrued paid medical or sick leave of the employee for any
part of the period of leave provided under clause (ii) of
subsection (a)(5)(A), 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.
``(iii) Prohibition on restrictions and limitations.--If
the employee elects or the employer requires the substitution
of accrued paid leave for leave under subsection (a)(5), the
employer shall not restrict or limit the leave that may be
substituted or impose any additional terms and conditions on
the substitution of such leave that are more stringent for
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)), as amended by section 2(b), 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 (if such notice is impracticable) such notice as
is practicable, before the date the leave is to begin, of the
employee's intention to take leave under such paragraph; and
``(B) in the case of leave to be taken under subsection
(a)(5)(A)(ii), make a reasonable effort to schedule the
activity or care involved 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 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. 5. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR
PARENTAL INVOLVEMENT AND FAMILY WELLNESS.
(a) Leave Requirement.--Section 6382(a) of title 5, United
States Code, as amended by section 3(b), is further amended
by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B) 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 by
attending medical and dental appointments of the employee or
a son or daughter, spouse, or grandchild of the employee) or
to attend to the care needs of an elderly individual who is
related to the employee through a relationship described in
section 6382(a) (including by making 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 described in paragraph (4).
``(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 `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 section 6381(6), such
as a scouting or sports organization; and
``(ii) 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.), and a child care facility
licensed under State law.''.
(b) Schedule.--Section 6382(b)(1) of such title is
amended--
(1) by inserting after the third sentence the following new
sentence: ``Subject to subsection (e)(4) and section 6383(f),
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 the 30-day or 12-month
period involved),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such
title is amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end the following:
``(2) An employee may elect, or an employer may require the
employee, to substitute for any part of the period of leave
under subsection (a)(5), any of the employee's accrued or
accumulated annual or sick leave under subchapter I. If the
employee elects or the employer requires the substitution of
that accrued or accumulated annual or sick leave for leave
under subsection (a)(5), the employing agency shall not
restrict or limit the leave that may be substituted or impose
any additional terms and conditions on the substitution of
such leave that are more stringent for the employee than the
terms and conditions set forth in this subchapter.''.
(d) Notice.--Section 6382(e) of such title, as amended by
section 3(b)(2), is further amended by adding at the end the
following new paragraph:
``(4) 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, or (if such notice is impracticable) such
notice as is practicable, before the date the leave is to
begin, of the employee's intention to take leave under such
paragraph; and
``(B) in the case of leave to be taken under subsection
(a)(5)(A)(ii), make a reasonable effort to schedule the
activity or care involved so as not to disrupt unduly the
operations of the employing agency, subject to the approval
of the health care provider involved (if any).''.
(e) Certification.--Section 6383(f) of such title is
amended by striking ``paragraph (1)(E) or (3) of'' and
inserting ``paragraph (1)(E), (3) or (5) of''.
____________________