Family Medical Leave Modernization Act

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, or adult child, or another related individual, who has a serious health condition, and to allow employees to take, as additional leave, parental involvement and family wellness leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities or meet family care needs. 1. Short title This Act may be cited as the Family Medical Leave Modernization Act 2. Leave to care for a domestic partner, son-in-law, daughter-in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another related individual (a) Definitions (1) Inclusion of related individuals Section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 (20) Any other individual related by blood whose close association is the equivalent of a family relationship The term ‘any other individual related by blood whose close association is the equivalent of a family relationship’, used with respect to an employee, means any person with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship. (21) Domestic partner The term domestic partner (A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or (B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) to or in such a relationship with any other person, and who is designated to the employer by such employee as that employee’s domestic partner. (22) Grandchild The term grandchild (23) Grandparent The term grandparent (24) Nephew; niece The terms nephew niece (25) Parent-in-law The term parent-in-law (26) Sibling The term sibling (27) Son-in-law; daughter-in-law The terms son-in-law daughter-in-law (28) Uncle; Aunt The terms uncle aunt . (2) Inclusion of adult children and children of a domestic partner Section 101(12) of such Act ( 29 U.S.C. 2611(12) (A) by inserting a child of an individual’s domestic partner, a legal ward, (B) by striking who is— and includes an adult child. (b) Leave Requirement Section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, if such spouse, domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual (ii) in subparagraph (E), by striking spouse, or a son, daughter, or parent of the employee spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee (B) in paragraph (3), by striking spouse, son, daughter, parent, or next of kin of a covered servicemember spouse or domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual related by blood whose close association is the equivalent of a family relationship with the covered servicemember (2) in subsection (e)— (A) in paragraph (2)(A), by striking son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, nephew or niece, or covered servicemember of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate (B) in paragraph (3), by striking spouse, or a son, daughter, or parent, of the employee spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, (3) in subsection (f)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , or domestic partners, husband and wife (ii) in subparagraph (B), by inserting or parent-in-law parent (B) in paragraph (2), by inserting , or those domestic partners, husband and wife (c) Certification Section 103 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613 (1) in subsection (a), by striking son, daughter, spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or the next of kin of an individual, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate (2) in subsection (b)— (A) in paragraph (4)(A), by striking son, daughter, 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 son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, and an estimate of the amount of time that such employee is needed to care for such son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual (B) in paragraph (7), by striking son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, with a serious health condition, of the employee, or an individual, with a serious health condition, who is any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, or will assist in the recovery, (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) (1) in subparagraph (A)(i), by striking son, daughter, spouse, or parent of the employee, as appropriate, son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, (2) in subparagraph (C)(ii), by striking son, daughter, spouse, or parent employee's son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or (with relation to the employee) any other individual related by blood whose close association is the equivalent of a family relationship, as appropriate, 3. Leave to care for a domestic partner, son-in-law, daughter-in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another related individual for Federal employees (a) Definitions (1) Inclusion of a domestic partner, son-in-law, daughter-in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another individual related by blood Section 6381 of title 5, United States Code, is amended— (A) in paragraph (11) by striking ; and (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (13) the term any other individual related by blood whose close association is the equivalent of a family relationship (14) the term domestic partner (A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or (B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) or in such a relationship with any other person, and who is designated to the employing agency by such employee as that employee’s domestic partner; (15) the term grandchild (16) the term grandparent (17) the terms nephew niece (18) the term parent-in-law (19) the term sibling (20) the terms son-in-law daughter-in-law (21) the term State 29 U.S.C. 203 (22) the terms uncle aunt . (2) Inclusion of adult children and children of a domestic partner Section 6381(6) of such title is amended— (A) by inserting a child of an individual’s domestic partner, a legal ward, (B) by striking who is— and includes an adult child (b) Leave Requirement Section 6382 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual (ii) in subparagraph (E), by striking spouse, or a son, daughter, or parent of the employee spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee (B) in paragraph (3), by striking spouse, son, daughter, parent, or next of kin of a covered servicemember spouse or domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual related by blood whose close association is the equivalent of a family relationship with the covered servicemember (2) in subsection (e)— (A) in paragraph (2)(A), by striking son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, nephew or niece, or covered servicemember of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate (B) in paragraph (3), by striking spouse, or a son, daughter, or parent, of the employee spouse or domestic partner, or a son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, (c) Certification Section 6383 of title 5, United States Code, is amended— (1) in subsection (a), by striking son, daughter, spouse, or parent of the employee, as appropriate son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate (2) in subsection (b)(4)(A), by striking son, daughter, 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 son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual related by blood whose close association is the equivalent of a family relationship with the employee, as appropriate, and an estimate of the amount of time that such employee is needed to care for such son or daughter, son-in-law, daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual 4. Entitlement to additional leave under the FMLA for parental involvement and family wellness (a) Leave requirement Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: (5) Entitlement to additional leave for parental involvement and family well­ness (A) In general Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to— (i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or (ii) meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse, or grandchild of the employee) or attend to the care needs of an elderly individual who is related to the employee through a relationship described in section 102(a) (including by making visits to nursing homes or group homes). (B) Limitations (i) In general An eligible employee shall be entitled to— (I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and (II) not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). (ii) Coordination rule Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. (C) Definitions As used in this paragraph: (i) Community organization The term community organization (ii) School The term school Elementary and Secondary Education Act of 1965 20 U.S.C. 7801 Head Start Act 42 U.S.C. 9831 . (b) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule. (c) Substitution of paid leave Section 102(d)(2) of such Act ( 29 U.S.C. 2612(d)(2) (C) Parental involvement leave and family wellness leave (i) Vacation leave; personal leave; family leave An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any part of the period of leave under subsection (a)(5). (ii) Medical or sick leave An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for any part of the period of leave provided under clause (ii) of subsection (a)(5)(A), except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. (iii) Prohibition on restrictions and limitations If the employee elects or the employer requires the substitution of accrued paid leave for leave under subsection (a)(5), the employer shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this Act. . (d) Notice Section 102(e) of such Act ( 29 U.S.C. 2612(e) (4) Notice relating to parental involvement and family wellness leave In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall— (A) provide the employer with not less than 7 days’ notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee’s intention to take leave under such paragraph; and (B) in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any). . (e) Certification Section 103 of such Act ( 29 U.S.C. 2613 (g) Certification related to parental involvement and family wellness leave An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. . 5. Entitlement of Federal employees to leave for parental involvement and family wellness (a) Leave requirement Section 6382(a) of title 5, United States Code, as amended by section 3(b), is further amended by adding at the end the following new paragraph: (5) (A) Subject to subparagraph (B) and section 6383(f), an employee shall be entitled to leave under this paragraph to— (i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or (ii) meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse, or grandchild of the employee) or to attend to the care needs of an elderly individual who is related to the employee through a relationship described in section 6382(a) (including by making visits to nursing homes and group homes). (B) (i) An employee is entitled to— (I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and (II) not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). (ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. (C) For the purpose of this paragraph— (i) the term community organization (ii) the term school Elementary and Secondary Education Act of 1965 20 U.S.C. 7801 Head Start Act 42 U.S.C. 9831 . (b) Schedule Section 6382(b)(1) of such title is amended— (1) by inserting after the third sentence the following new sentence: Subject to subsection (e)(4) and section 6383(f), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule. (2) in the last sentence, by striking involved, involved (or, in the case of leave under subsection (a)(5), for purposes of the 30-day or 12-month period involved), (c) Substitution of paid leave Section 6382(d) of such title is amended by adding at the end the following: (3) An employee may elect to substitute for any part of the period of leave under subsection (a)(5), any of the employee’s accrued or accumulated annual or sick leave. If the employee elects the substitution of that accrued or accumulated annual or sick leave for leave under subsection (a)(5), the employing agency shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this subchapter. . (d) Notice Section 6382(e) of such title, as amended by section 3(b)(2), is further amended by adding at the end the following new paragraph: (4) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall— (A) provide the employing agency with not less than 7 days’ notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee’s intention to take leave under such paragraph; and (B) in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider involved (if any). . (e) Certification Section 6383(f) of such title is amended by striking paragraph (1)(E) or (3) of paragraph (1)(E), (3) or (5) of

Summary: Family Medical Leave Modernization Act This bill expands who is permitted to take qualifying family and medical leave and provides additional leave for parents and family caregivers. The bill grants leave to private sector and federal employees to care for a domestic partner and any individual whose close association with such employees is like a family relationship, regardless of biological or legal relationship, if (1) such individual has a serious health condition, or (2) there is a qualifying exigency due to such employees' active duty in the Armed Forces. The bill entitles an employee who is a domestic partner, next of kin of a member of the Armed Forces, or any individual whose close association is like a family relationship, regardless of biological or legal relationship, to take leave to care for the service member. The bill entitles private&nbsp;sector and&nbsp;federal employees to take additional leave to participate in or attend their children's and grandchildren's school or community organization activities, meet routine family medical care needs, or care for their elderly relatives.