HR 2792 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Family and Medical Leave Inclusion Act'.CommentsClose CommentsPermalink

SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT.

(a) Definitions-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





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





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





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





`(2) DOMESTIC PARTNER- The term `domestic partner' means--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





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





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





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





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





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





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





(b) Leave Requirement- Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended--CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





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





(c) Certification- Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `spouse, or parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, or sibling';CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(3) in subsection (b)(7), by striking `parent, or spouse' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, or sibling'.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) in subparagraph (A)(i), by striking `spouse, or parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, or sibling' ; andCommentsClose CommentsPermalink





(2) in subparagraph (C)(ii), by striking `spouse, or parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, or sibling'.CommentsClose CommentsPermalink

SEC. 3. FEDERAL EMPLOYEES.

(a) Definitions-CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





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





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





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





`(3) DOMESTIC PARTNER- The term `domestic partner' means--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





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





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





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





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





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





(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:CommentsClose CommentsPermalink





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





(b) Leave Requirement- Section 6382 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





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





(c) Certification- Section 6383 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `spouse, or parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, or sibling'; andCommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink