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, adult child, sibling, grandchild, or grandparent who has a serious health condition, and to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities. 1. Short title This Act may be cited as the Family Medical Leave Modernization Act 2. Eligible employee Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2)(B)(ii) less than 50 fewer than 15 3. Leave to care for a domestic partner, parent-in-law, adult child, sibling, grandparent, grandchild, aunt, uncle, or other individual related by blood or affinity (a) Definitions (1) Inclusion of grandparents, grandchildren, parents-in-law, siblings, and domestic partners Section 101 of such Act is further amended by adding at the end the following: (20) Domestic partner The term domestic partner (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; 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 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 (22) Grandparent The term grandparent (23) Parent-in-law The term parent-in-law (24) Sibling The term sibling (25) Son-in-law and daughter-in-law The terms son-in-law daughter-in-law (26) Aunt or Uncle The term aunt or uncle of the employee (27) Any other individual related by blood or affinity whose close association is the equivalent of a family relationship The term any other individual related by blood or affinity whose close association is the equivalent of a family relationship . (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)(1)(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, daughter, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, sibling, or such other individual (2) in subsection (a)(1)(E), by striking spouse, or a son, daughter, or parent of the employee spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (3) in subsection (a)(3), by striking spouse, son, daughter, parent, or next of kin of a covered service member spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, aunt, or uncle, or next of kin of a covered service member, or any other individual related by blood or affinity to a covered service member who close association with such service member is the equivalent of a family relationship (4) in subsection (e)(2)(A), by striking spouse, parent, or covered service member of the employee spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle, or covered service member of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (5) in subsection (e)(3), by striking spouse, or a son, daughter, or parent, of the employee spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (6) in subsection (f)— (A) in the matter preceding subparagraph (A), by inserting or domestic partners husband and wife (B) in subparagraph (B), by inserting or parent-in-law parent (c) Certification Section 103 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613 (1) in subsection (a), by striking 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 spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (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 spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, sibling, aunt, or uncle, or such other individual (3) in subsection (b)(7), by striking parent, or spouse spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (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 spouse, or parent spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (2) in subparagraph (C)(ii), by striking spouse, or parent spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship 4. Leave to care for a domestic partner, parent-in-law, adult child, sibling, grandparent, grandchild, aunt, or uncle of the employee, or other individual related by blood or affinity for Federal employees (a) Definitions (1) Inclusion of domestic partners, parents-in-law, adult children, sibling, aunt, or uncle, grandparents, grandchildren, or other individuals related by blood or affinity 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 domestic partner (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; 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 to any other person, and who is designated to the employing agency by such employee as that employee’s domestic partner; (14) the term parent-in-law (15) the term grandchild (16) the term grandparent (17) the term sibling (18) the terms son-in-law and daughter-in-law (19) Aunt or Uncle The term aunt or uncle of the employee (20) Any other individual related by blood or affinity whose close association is the equivalent of a family relationship The term any other individual related by blood or affinity whose close association is the equivalent of a family relationship . (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)(1)(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, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, sibling, or such other individual (2) in subsection (a)(1)(E), by striking spouse, or a son, daughter, or parent spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (3) in subsection (a)(3), by striking spouse, son, daughter, parent, spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, (4) in subsection (e)(2)(A), by striking spouse, parent, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, (5) in subsection (e)(3), by striking spouse, or a son, daughter, or parent, spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, (c) Certification Section 6383 of title 5, United States Code, is amended— (1) in subsection (a), by striking spouse, or parent spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, (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 spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, aunt, or uncle of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or such other individual 5. 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) (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 for medical and dental appointments of the employee or a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes. (B) Limitations (i) In general An eligible 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. (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) School The term school Elementary and Secondary Education Act of 1965 20 U.S.C. 7801 Head Start Act 42 U.S.C. 9831 (ii) Community organization The term community organization . (b) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) 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 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 leave under subsection (a)(5). In addition, 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 leave provided under clause (ii) of subsection (a)(5)(A) for any part of the leave under such clause, 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. If the employee elects or the employer requires the substitution of accrued paid leave for leave provided under subsection (a)(5)(A), the employer shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on 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 as much notice as is practicable before the date the leave is to be taken, of the employee’s intention to take leave under such paragraph; and (B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave 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. . 6. Entitlement of Federal employees to leave for parental involvement and family wellness (a) Leave requirement Section 6382(a) of title 5, United States Code, is further amended by adding at the end the following new paragraph: (5) (A) Subject to subparagraph (B)(i) 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 for medical and dental appointments of a son, daughter, spouse, or grandchild of the employee, or to attend to the care needs of elderly individuals who are related to the eligible employee, including 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. (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 school Elementary and Secondary Education Act of 1965) Head Start Act (ii) the term community organization . (b) Schedule Section 6382(b)(1) of such title is amended— (1) by inserting after the second sentence the following new sentence: 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 any 30-day or 12-month period), (c) Substitution of paid leave Section 6382(d) of such title is further amended— (1) by inserting (1) (2) by adding at the end the following: (2) An employee may elect to substitute for leave under subsection (a)(5), any of the employee’s accrued or accumulated annual or sick leave under subchapter I. If the employee elects to substitute accumulated annual or sick leave for leave provided under subsection (a)(5), the employing agency shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this subchapter. . (d) Notice Section 6382(e) of such title is further amended by adding at the end the following new paragraph: (3) 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, before the date the leave is to be taken, of the employee’s intention to take leave under such paragraph; and (B) in the case of leave to be taken under subparagraph (A)(ii), make a reasonable effort to schedule the leave 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 6383(f) of such title is amended by striking 6382(a)(3) paragraph (3) or (5) of section 6382(a)

Summary: Family Medical Leave Modernization Act This bill amends the Family and Medical Leave Act of 1993 to expand the number of individuals who are permitted to take leave pursuant to that Act. The bill lowers the eligibility theshhold under the Act to any employee who is employed at a worksite at which there are fewer than 15 employees if the total number of employees within 75 miles of such site is fewer than 15. The bill allows an employee to leave under the Act to care for a domestic partner and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship if: such an individual has a serious health condition, or because of any qualifying exigency arising out of the fact that such an individual is on covered active duty (or has been notified of an impending call or order to such duty) in the Armed Forces. The bill entitles an employee who is a domestic partner, next of kin of a covered service member, or any individual related by blood or affinity to a covered service member whose close association is the equivalent of a family relationship to leave to care for the service member. The bill entitles employees to specified additional leave to participate in or attend their childrens' and grandchildrens' school or community organization activities, meet routine family medical care needs, or care for their elderly relatives.