[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Page 11492]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         EXTENDING FAMILY LEAVE

  Mr. LEAHY. Mr. President, today, the Obama administration took 
another step toward ensuring equal treatment for all Americans by 
extending family leave to lesbian, gay, bisexual and transgender--
LGBT--employees. Earlier this year, I praised President Obama for 
directing the Department of Health and Human Services to issue 
regulations ensuring hospital visitation rights for same-sex couples. 
Now these same couples will be treated fairly when their children are 
sick, injured, or in need of care. Both of these measures promote the 
value of strong families and enduring relationships.
  There is a tragic history of discrimination in the workplace, but 
fortunately, we are making progress to end it. In 1993, Congress passed 
the Family Medical Leave Act, FMLA, allowing employees to take 
reasonable unpaid leave for certain family and medical reasons. The 
FMLA sought to promote equal employment opportunities for men and 
women. Unfortunately, the benefits of that law were not extended to 
LGBT families. Under the Department of Labor's new interpretation of 
``son or daughter'' under the FMLA, a gay or lesbian employee may now 
take family and medical leave to care for a newly born, newly adopted, 
or sick child of the employee's same-sex partner, even if the employee 
does not have a biological or legal relationship with the child.
  The fight for equal rights protections continues in Congress. I am a 
proud cosponsor of the bipartisan Domestic Partnership Benefits and 
Obligations Act of 2009, which would provide domestic partners of 
Federal employees all of the protections and benefits afforded to 
spouses of Federal employees, including participation in applicable 
retirement programs, compensation for work injuries, and health 
insurance benefits. I also support the Tax Equity for Health Plan 
Beneficiaries Act of 2009, which would end the taxation of health 
benefits provided to domestic partners in workplaces that provide 
domestic partner health benefits to their employees.
  Respecting the rights of all hardworking Americans to care for their 
children in times of crisis is something every American should support.

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