Back to Bill Details

HR 2792 IH

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, or grandparent who has a serious health condition.

June 20, 2007

Mrs. MALONEY of New York introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on House Administration and Oversight and Government Reform, 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

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, 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 DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT.

(a) Definitions-

(1) INCLUSION OF SAME-SEX SPOUSES- Section 101(13) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is amended, by inserting `, and includes a same-sex spouse as determined under applicable State law' before the period.

(2) INCLUSION OF ADULT CHILDREN- Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended by striking `who is--' and all that follows and inserting `and includes an adult child'.

(3) INCLUSION OF GRANDPARENTS, PARENTS-IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS- Section 101 of such Act is further amended--

(A) by redesignating paragraphs (2) through (13) as paragraphs (3), (4), (5), (6), (8), (9), (11), (12), (13), (15), (16), and (17), respectively;

(B) by inserting after paragraph (1) the following:

`(2) 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 where the employee resides; 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, intimate 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.';

(C) by inserting after paragraph (6) (as so redesignated) the following:

`(7) GRANDPARENT- The term `grandparent' means a parent of a parent of an employee.';

(D) by inserting after paragraph (9) (as so redesignated) the following:

`(10) PARENT-IN-LAW- The term `parent-in-law' means a parent of the spouse or domestic partner of an employee.'; and

(E) by inserting after paragraph (13) (as so redesignated) the following:

`(14) SIBLING- The term `sibling' means any person who is a son or daughter of an employee's parent.'.

(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, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling'; and

(2) in subsection (e)(2)(A), by striking `spouse, or parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, or sibling'.

(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, grandparent, or sibling';

(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, 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

(3) in subsection (b)(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- Section 6381(6) of title 5, United States Code, is amended by striking `who is--' and all that follows and inserting `and includes an adult child'.

(2) INCLUSION OF GRANDPARENTS, PARENTS-IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS- Section 6381 of such title is further amended--

(A) by redesignating paragraphs (3) through (6) as paragraphs (4), (7), (8), (9), and (10), respectively;

(B) by inserting after paragraph (2) the following:

`(3) 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 where the employee resides; 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, intimate 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.';

(C) by inserting after paragraph (4) (as so redesignated) the following:

`(5) PARENT-IN-LAW- The term `parent-in-law' means a parent of the spouse or domestic partner of an employee.

`(6) GRANDPARENT- The term `grandparent' means a parent of a parent of an employee.'; and

(D) by inserting after paragraph (8) (as so redesignated) the following:

`(9) SIBLING- The term `sibling' means any person who is a son or daughter of an employee's parent.'.

(3) INCLUSION OF SAME-SEX SPOUSES- Section 6381of such title, as amended by this subsection, is further amended by adding at the end the following:

`(11) SPOUSE- The term `spouse' includes a same-sex spouse as determined under applicable State law.'.

(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, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling'; and

(2) in subsection (e)(2)(A), by striking `spouse, or parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, 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, 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'.