I 

109TH CONGRESS 

1ST SESSION H. R. 475 

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 if the same-sex spouse, domestic partner, 

parent-in-law, adult child, sibling, or grandparent has a serious health 

condition, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2005 

Mrs. MALONEY (for herself, Ms. DELAURO, Mr. WEINER, Mr. VAN HOLLEN, 

Mr. GEORGE MILLER of California, Mr. FRANK of Massachusetts, Mr. 

MCGOVERN, Mr. OWENS, Mr. BERMAN, Mr. FATTAH, Mr. LANTOS, Mr. 

BISHOP of New York, Mr. ENGEL, Mr. AL GREEN of Texas, Mr. BAIRD, 

Mr. ABERCROMBIE, Mr. TOWNS, Mr. CROWLEY, Mr. GRIJALVA, Ms. 

JACKSON-LEE of Texas, Mr. MCNULTY, Mr. EVANS, Mrs. JONES of 

Ohio, Mr. WAXMAN, Mr. SANDERS, Mr. PASCRELL, and Mr. HASTINGS

of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Government Reform and House Administration, 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 

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, or grandparent if the same-sex spouse, domestic partner, parentin-law, adult child, sibling, or grandparent has a serious 

health condition, and for other purposes. 
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•HR 475 IH 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family and Medical 

5 Leave Inclusion Act’’. 

6 SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PAR7 ENT-IN-LAW, ADULT CHILD, SIBLING, OR 

8 GRANDPARENT. 

9 (a) LEAVE REQUIREMENT.—Section 102 of the Fam10 ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 

11 amended— 

12 (1) in subsection (a)(1)(C), by striking ‘‘spouse, 

13 or a son, daughter, or parent of the employee, if 

14 such spouse, son, daughter, or parent’’ and inserting 

15 ‘‘spouse (including a same-sex spouse as determined 

16 under applicable State law), son, daughter, domestic 

17 partner, parent-in-law, adult child, sibling, grand18 parent, or parent of the employee if such spouse, 

19 son, daughter, domestic partner, parent-in-law, adult 

20 child, sibling, grandparent, or parent’’; and 

21 (2) in subsection (e)(2)(A), by striking ‘‘spouse, 

22 or parent’’ and inserting ‘‘spouse (including a same23 sex spouse as determined under applicable State 

24 law), domestic partner, parent-in-law, adult child, 

25 sibling, grandparent, or parent’’. 
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•HR 475 IH 

1 (b) CERTIFICATION.—Section 103 of the Family and 

2 Medical Leave Act of 1993 (29 U.S.C. 2613) is amend3 ed— 

4 (1) in subsection (a), by striking ‘‘spouse, or 

5 parent’’ and inserting ‘‘spouse (including a same-sex 

6 spouse as determined under applicable State law), 

7 domestic partner, parent-in-law, adult child, sibling, 

8 grandparent, or parent’’; 

9 (2) in subsection (b)(4)(A), by striking ‘‘spouse, 

10 or parent and an estimate of the amount of time 

11 that such employee is needed to care for the son, 

12 daughter, spouse, or parent’’ and inserting ‘‘spouse 

13 (including a same-sex spouse as determined under 

14 applicable State law), domestic partner, parent-in15 law, adult child, sibling, grandparent, or parent and 

16 an estimate of the amount of time that such em17 ployee is needed to care for such spouse, domestic 

18 partner, parent-in-law, adult child, sibling, grand19 parent, or parent’’; and 

20 (3) in subsection (b)(7), by striking ‘‘parent, or 

21 spouse’’ and inserting ‘‘domestic partner, parent-in22 law, adult child, sibling, grandparent, parent, or 

23 spouse (including a same-sex spouse as determined 

24 under applicable State law)’’. 
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•HR 475 IH 

1 (c) EMPLOYMENT AND BENEFITS PROTECTION.— 

2 Section 104(c)(3) of the Family and Medical Leave Act 

3 of 1993 (29 U.S.C. 2614(c)(3)) is amended— 

4 (1) in subparagraph (A)(i), by striking ‘‘spouse, 

5 or parent’’ and inserting ‘‘spouse (including a same6 sex spouse as determined under applicable State 

7 law), domestic partner, parent-in-law, adult child, 

8 sibling, grandparent, or parent’’; and 

9 (2) in subparagraph (C)(ii), by striking 

10 ‘‘spouse, or parent’’ and inserting ‘‘spouse (including 

11 a same-sex spouse as determined under applicable 

12 State law), domestic partner, parent-in-law, adult 

13 child, sibling, grandparent, or parent’’. 

14 SEC. 3. FEDERAL EMPLOYEES. 

15 (a) LEAVE REQUIREMENT.—Section 6382 of title 5, 

16 United States Code, is amended— 

17 (1) in subsection (a)(1)(C), by striking ‘‘spouse, 

18 or a son, daughter, or parent of the employee, if 

19 such spouse, son, daughter, or parent’’ and inserting 

20 ‘‘spouse (including a same-sex spouse as determined 

21 under applicable State law), son, daughter, domestic 

22 partner, parent-in-law, adult child, sibling, grand23 parent, or parent of the employee if such spouse, 

24 son, daughter, domestic partner, parent-in-law, adult 

25 child, sibling, grandparent, or parent’’; and 
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•HR 475 IH 

1 (2) in subsection (e)(2)(A), by striking ‘‘spouse, 

2 or parent’’ and inserting ‘‘spouse (including a same3 sex spouse as determined under applicable State 

4 law), domestic partner, parent-in-law, adult child, 

5 sibling, grandparent, or parent’’. 

6 (b) CERTIFICATION.—Section 6383 of title 5, United 

7 States Code, is amended— 

8 (1) in subsection (a), by striking ‘‘spouse, or 

9 parent’’ and inserting ‘‘spouse (including a same-sex 

10 spouse as determined under applicable State law), 

11 domestic partner, parent-in-law, adult child, sibling, 

12 grandparent, or parent’’; and 

13 (2) in subsection (b)(4)(A), by striking ‘‘spouse, 

14 or parent, and an estimate of the amount of time 

15 that such employee is needed to care for such son, 

16 daughter, spouse, or parent’’ and inserting ‘‘spouse 

17 (including a same-sex spouse as determined under 

18 applicable State law), domestic partner, parent-in19 law, adult child, sibling, grandparent, or parent, and 

20 an estimate of the amount of time that such em21 ployee is needed to care for such son, daughter, 

22 spouse, domestic partner, parent-in-law, adult child, 

23 sibling, grandparent, or parent’’. 

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