[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 857 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 857
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, grandchild, or grandparent who has a serious health
condition.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2013
Mr. Durbin (for himself, Mr. Leahy, Mr. Whitehouse, Mr. Sanders, Mrs.
Murray, Mr. Coons, Mrs. Gillibrand, Mr. Lautenberg, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
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, grandchild, 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 SAME-SEX SPOUSE, DOMESTIC PARTNER, PARENT-
IN-LAW, ADULT CHILD, SIBLING, GRANDCHILD, OR GRANDPARENT.
(a) Definitions.--
(1) 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.''.
(2) Inclusion of grandchildren, grandparents, parents-in-
law, siblings, and domestic partners.--Section 101 of such Act
(29 U.S.C. 2611) is further amended by adding at the end the
following:
``(20) 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 partner registry or
civil union law of the State or political subdivision
of a State where the employee resides, or the person
who is lawfully married to the employee under the law
of the State where the employee resides and who is the
same sex as the employee; 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, personal (as defined in
regulations issued by the Secretary) relationship with
the employee, who 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', used with
respect to an employee, means any person who is a son or
daughter of a son or daughter of the employee.
``(22) Grandparent.--The term `grandparent', used with
respect to an employee, means a parent of a parent of the
employee.
``(23) Parent-in-law.--The term `parent-in-law', used with
respect to an employee, means a parent of the spouse or
domestic partner of the employee.
``(24) Sibling.--The term `sibling', used with respect to
an employee, means any person who is a son or daughter of the
employee's parent.
``(25) Son-in-law or daughter-in-law.--The term `son-in-law
or 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.''.
(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)--
(A) 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, 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
(B) in subparagraph (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, or sibling,'';
(2) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic partner,
son, daughter, parent, son-in-law or daughter-in-law,
grandparent, sibling,'';
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking ``spouse,
parent,'' and inserting ``spouse, domestic partner,
parent, parent-in-law, grandchild, grandparent,
sibling,''; and
(B) in paragraph (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, or sibling,''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``a husband and
wife'' and inserting ``2 spouses or 2 domestic
partners''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``that
husband and wife'' and inserting ``those
spouses or those domestic partners''; and
(ii) in subparagraph (B), by striking ``the
husband and wife'' and inserting ``those
spouses or those domestic partners''.
(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, grandchild, grandparent, or sibling''; and
(2) in subsection (b)--
(A) in paragraph (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
(B) in paragraph (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 and children of a domestic
partner.--Section 6381(6) of title 5, United States Code, 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.''.
(2) Inclusion of grandchildren, grandparents, parents-in-
law, siblings, and domestic partners.--Section 6381 of such
title is further amended--
(A) in paragraph (11)(B), 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', used with respect to an
employee, means--
``(A) the person recognized as the domestic partner
of the employee under any domestic partner registry or
civil union law of the State or political subdivision
of a State where the employee resides, or the person
who is lawfully married to the employee under the law
of the State where the employee resides and who is the
same sex as the employee; 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, personal (as defined in
regulations issued by the Office of Personnel
Management) relationship with the employee, who 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;
``(14) the term `grandchild', used with respect to an
employee, means any person who is a son or daughter of a son or
daughter of the employee;
``(15) the term `grandparent', used with respect to an
employee, means a parent of a parent of the employee;
``(16) the term `parent-in-law', used with respect to an
employee, means a parent of the spouse or domestic partner of
the employee;
``(17) the term `sibling', used with respect to an
employee, means any person who is a son or daughter of the
employee's parent; and
``(18) the term `son-in-law or 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.''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) 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, 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
(B) in subparagraph (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, or sibling,'';
(2) in subsection (a)(3), by striking ``spouse, son,
daughter, parent,'' and inserting ``spouse or domestic partner,
son, daughter, parent, son-in-law or daughter-in-law,
grandparent, sibling,''; and
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking ``spouse,
parent'' and inserting ``spouse, domestic partner,
parent, parent-in-law, grandchild, grandparent,
sibling''; and
(B) in paragraph (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, 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, grandchild, 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''.
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