I 

112TH CONGRESS 

1ST SESSION H. R. 2364 

To amend the Family and Medical Leave Act of 1993 and title 5, United 

States Code, to permit leave to care for a domestic partner, parentin-law, adult child, sibling, grandchild, or grandparent who has a serious 

health condition, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2011 

Mrs. MALONEY (for herself, Mr. POLIS, Mr. TOWNS, Mr. GEORGE MILLER of 

California, Mr. STARK, Mr. FRANK of Massachusetts, Ms. NORTON, Mrs. 

DAVIS of California, Mr. CONNOLLY of Virginia, Mr. ISRAEL, Ms. WILSON of Florida, Mr. OLVER, Mr. SHERMAN, Mrs. CAPPS, Mr. SERRANO, 

Mr. NADLER, Mr. ENGEL, Ms. MOORE, Ms. LEE of California, Ms. CHU, 

and Mr. JACKSON of Illinois) introduced the following bill; which was referred to the Committee on Education and the Workforce, 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 

A BILL 

To amend the Family and Medical Leave Act of 1993 and 

title 5, United States Code, to permit leave to care 

for a domestic partner, parent-in-law, adult child, sibling, 

grandchild, or grandparent who has a serious health 

condition, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Leave Inclusion Act’’. 

4 SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PAR5 ENT-IN-LAW, ADULT CHILD, SIBLING, OR 

6 GRANDPARENT. 

7 (a) DEFINITIONS.— 

8 (1) INCLUSION OF GRANDPARENTS, GRAND9 CHILDREN, PARENTS-IN-LAW, SIBLINGS, AND DO10 MESTIC PARTNERS.—Section 101 of such Act is fur11 ther amended by adding at the end the following: 

12 ‘‘(20) DOMESTIC PARTNER.—The term ‘domes13 tic partner’ means— 

14 ‘‘(A) the person recognized as the domestic 

15 partner of the employee under any domestic 

16 partner registry or civil union laws of the State 

17 or political subdivision of a State where the em18 ployee resides, or who is lawfully married to the 

19 employee under the laws of the State where the 

20 employee resides; or 

21 ‘‘(B) in the case of an unmarried employee 

22 who lives in a State where a person cannot 

23 marry a person of the same sex under the laws 

24 of the State, an unmarried adult person of the 

25 same sex as the employee who is in a com26 mitted, personal relationship with the employee, 


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1 is not a domestic partner to any other person, 

2 and who is designated to the employer by such 

3 employee as that employee’s domestic partner. 

4 ‘‘(21) GRANDCHILD.—The term ‘grandchild’ 

5 means the son or daughter of an employee’s son or 

6 daughter. 

7 ‘‘(22) GRANDPARENT.—The term ‘grandparent’ 

8 means a parent of a parent of an employee. 

9 ‘‘(23) PARENT-IN-LAW.—The term ‘parent-in10 law’ means a parent of the spouse or domestic part11 ner of an employee. 

12 ‘‘(24) SIBLING.—The term ‘sibling’ means any 

13 person who is a son or daughter of an employee’s 

14 parent. 

15 ‘‘(25) SON-IN-LAW AND DAUGHTER-IN-LAW.— 

16 The terms ‘son-in-law’ and ‘daughter-in-law’, used 

17 with respect to an employee, means any person who 

18 is a spouse or domestic partner of a son or daughter 

19 of the employee.’’. 

20 (2) INCLUSION OF ADULT CHILDREN AND CHIL21 DREN OF A DOMESTIC PARTNER.—Section 101(12) 

22 of such Act (29 U.S.C. 2611(12)) is amended— 

23 (A) by inserting ‘‘a child of an individual’s 

24 domestic partner,’’ after ‘‘a legal ward,’’; and 


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1 (B) by striking ‘‘who is—’’ and all that 

2 follows and inserting ‘‘and includes an adult 

3 child’’. 

4 (b) LEAVE REQUIREMENT.—Section 102 of the Fam5 ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 

6 amended— 

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

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

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

10 ‘‘spouse or domestic partner, or a son, daughter, 

11 parent, parent-in-law, grandparent, grandchild, or 

12 sibling, of the employee if such spouse, domestic 

13 partner, son, daughter, parent, parent-in-law, grand14 parent, grandchild, or sibling’’; 

15 (2) in subsection (a)(1)(E), by striking ‘‘spouse, 

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

17 or domestic partner, or a son, daughter, parent, par18 ent-in-law, grandchild, or sibling’’; 

19 (3) in subsection (a)(3), by striking ‘‘spouse, 

20 son, daughter, parent,’’ and inserting ‘‘spouse or do21 mestic partner, son, daughter, son-in-law, daughter22 in-law, parent, parent-in-law, grandparent, or sib23 ling,’’; 

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

25 parent,’’ and inserting ‘‘spouse or domestic partner, 


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1 parent, parent-in-law, grandparent, grandchild, sib2 ling,’’; 

3 (5) in subsection (e)(3), by striking ‘‘spouse, or 

4 a son, daughter, or parent,’’ and inserting ‘‘spouse 

5 or domestic partner, or a son, daughter, parent, par6 ent-in-law, grandchild, or sibling,’’; and 

7 (6) in subsection (f)— 

8 (A) in the matter preceding subparagraph 

9 (A), by inserting ‘‘or domestic partners’’ after 

10 ‘‘husband and wife’’; and 

11 (B) in subparagraph (B), by inserting ‘‘or 

12 parent-in-law’’ after ‘‘parent’’. 

13 (c) CERTIFICATION.—Section 103 of the Family and 

14 Medical Leave Act of 1993 (29 U.S.C. 2613) is amend15 ed— 

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

17 parent’’ and inserting ‘‘spouse or domestic partner, 

18 parent, parent-in-law, grandparent, grandchild, or 

19 sibling’’; 

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

21 or parent and an estimate of the amount of time 

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

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

24 or domestic partner, parent, parent-in-law, grand25 parent, grandchild, or sibling and an estimate of the 


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1 amount of time that such employee is needed to care 

2 for such son, daughter, spouse or domestic partner, 

3 parent, parent-in-law, grandparent, or sibling’’; and 

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

5 spouse’’ and inserting ‘‘spouse or domestic partner, 

6 parent, parent-in-law, grandparent, or sibling’’. 

7 (d) EMPLOYMENT AND BENEFITS PROTECTION.— 

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

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

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

11 or parent’’ and inserting ‘‘spouse or domestic part12 ner, parent, parent-in-law, grandparent, or sibling’’; 

13 and 

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

15 ‘‘spouse, or parent’’ and inserting ‘‘spouse or domes16 tic partner, parent, parent-in-law, grandparent, or 

17 sibling’’. 

18 SEC. 3. FEDERAL EMPLOYEES. 

19 (a) DEFINITIONS.— 

20 (1) INCLUSION OF GRANDPARENTS, PARENTS21 IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS.—Sec22 tion 6381 of title 5, United States Code, is amend23 ed— 

24 (A) in paragraph (11) by striking ‘‘; and’’ 

25 and inserting a semicolon; 


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1 (B) in paragraph (12), by striking the pe2 riod and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(13) the term ‘domestic partner’ means— 

5 ‘‘(A) the person recognized as the domestic 

6 partner of the employee under any domestic 

7 partner registry or civil union laws of the State 

8 or political subdivision of a State where the em9 ployee resides, or who is lawfully married to the 

10 employee under the laws of the State where the 

11 employee resides; or 

12 ‘‘(B) in the case of an unmarried employee 

13 who lives in a State where a person cannot 

14 marry a person of the same sex under the laws 

15 of the State, an unmarried adult person of the 

16 same sex as the employee who is in a com17 mitted, personal relationship with the employee, 

18 is not a domestic partner to any other person, 

19 and who is designated to the employing agency 

20 by such employee as that employee’s domestic 

21 partner; 

22 ‘‘(14) the term ‘parent-in-law’ means a parent 

23 of the spouse or domestic partner of an employee; 

24 ‘‘(15) the term ‘grandchild’ means the son or 

25 daughter of an employee’s son or daughter; 


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1 ‘‘(16) the term ‘grandparent’ means a parent of 

2 a parent of an employee; 

3 ‘‘(17) the term ‘sibling’ means any person who 

4 is a son or daughter of an employee’s parent; and 

5 ‘‘(18) the terms ‘son-in-law and daughter-in6 law’, used with respect to an employee, means any 

7 person who is a spouse or domestic partner of a son 

8 or daughter of the employee.’’. 

9 (2) INCLUSION OF ADULT CHILDREN AND CHIL10 DREN OF A DOMESTIC PARTNER.—Section 6381(6) 

11 of such title is amended— 

12 (A) by inserting ‘‘a child of an individual’s 

13 domestic partner,’’ after ‘‘a legal ward,’’; and 

14 (B) by striking ‘‘who is—’’ and all that 

15 follows and inserting ‘‘and includes an adult 

16 child’’. 

17 (b) LEAVE REQUIREMENT.—Section 6382 of title 5, 

18 United States Code, is amended— 

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

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

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

22 ‘‘spouse or domestic partner, or a son, daughter, 

23 parent, parent-in-law, grandparent, grandchild, or 

24 sibling, of the employee if such spouse, domestic 


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1 partner, son, daughter, parent, parent-in-law, grand2 parent, grandchild, or sibling’’; 

3 (2) in subsection (a)(1)(E), by striking ‘‘spouse, 

4 or a son, daughter, or parent’’ and inserting ‘‘spouse 

5 or domestic partner, or a son, daughter, parent, par6 ent-in-law, grandchild, or sibling’’; 

7 (3) in subsection (a)(3), by striking ‘‘spouse, 

8 son, daughter, parent,’’ and inserting ‘‘spouse or do9 mestic partner, son, daughter, son-in-law, daughter10 in-law, parent, parent-in-law, grandparent, sibling,’’; 

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

12 parent,’’ and inserting ‘‘spouse or domestic partner, 

13 parent, parent-in-law, grandparent, grandchild, sib14 ling,’’; and 

15 (5) in subsection (e)(3), by striking ‘‘spouse, or 

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

17 or domestic partner, or a son, daughter, parent, par18 ent-in-law, grandchild, or sibling,’’. 

19 (c) CERTIFICATION.—Section 6383 of title 5, United 

20 States Code, is amended— 

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

22 parent’’ and inserting ‘‘spouse or domestic partner, 

23 parent, parent-in-law, grandparent, grandchild, or 

24 sibling’’; and 


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

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

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

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

5 or domestic partner, parent, parent-in-law, grand6 parent, grandchild, or sibling and an estimate of the 

7 amount of time that such employee is needed to care 

8 for such son, daughter, spouse or domestic partner, 

9 parent, parent-in-law, grandparent, grandchild, or 

10 sibling’’. 

Æ 


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