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 Com-
mittee on Education and the Workforce, and in addition to the Commit-
tees on Government Reform and House Administration, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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 grand-
parent if the same-sex spouse, domestic partner, parent- 
in-law, adult child, sibling, or grandparent has a serious 
health condition, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 DOMESTIC PARTNER, PAR-
ENT-IN-LAW, 
ADULT 
CHILD, 
SIBLING, 
OR 
GRANDPARENT. 
(a) LEAVE REQUIREMENT.—Section 102 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2612) 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’’ and inserting 
‘‘spouse (including a same-sex spouse as determined 
under applicable State law), son, daughter, domestic 
partner, parent-in-law, adult child, sibling, grand-
parent, or parent of the employee if such spouse, 
son, daughter, domestic partner, parent-in-law, adult 
child, sibling, grandparent, or parent’’; and 
(2) in subsection (e)(2)(A), by striking ‘‘spouse, 
or parent’’ and inserting ‘‘spouse (including a same- 
sex spouse as determined under applicable State 
law), domestic partner, parent-in-law, adult child, 
sibling, grandparent, or parent’’.
(b) CERTIFICATION.—Section 103 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2613) is amend-
ed— 
(1) in subsection (a), by striking ‘‘spouse, or 
parent’’ and inserting ‘‘spouse (including a same-sex 
spouse as determined under applicable State law), 
domestic partner, parent-in-law, adult child, sibling, 
grandparent, or parent’’; 
(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’’ and inserting ‘‘spouse 
(including a same-sex spouse as determined under 
applicable State law), domestic partner, parent-in- 
law, adult child, sibling, grandparent, or parent and 
an estimate of the amount of time that such em-
ployee is needed to care for such spouse, domestic 
partner, parent-in-law, adult child, sibling, grand-
parent, or parent’’; and 
(3) in subsection (b)(7), by striking ‘‘parent, or 
spouse’’ and inserting ‘‘domestic partner, parent-in- 
law, adult child, sibling, grandparent, parent, or 
spouse (including a same-sex spouse as determined 
under applicable State law)’’.
(c) 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 (including a same- 
sex spouse as determined under applicable State 
law), domestic partner, parent-in-law, adult child, 
sibling, grandparent, or parent’’; and 
(2) 
in 
subparagraph 
(C)(ii), 
by 
striking 
‘‘spouse, or parent’’ and inserting ‘‘spouse (including 
a same-sex spouse as determined under applicable 
State law), domestic partner, parent-in-law, adult 
child, sibling, grandparent, or parent’’. 
SEC. 3. FEDERAL EMPLOYEES. 
(a) 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’’ and inserting 
‘‘spouse (including a same-sex spouse as determined 
under applicable State law), son, daughter, domestic 
partner, parent-in-law, adult child, sibling, grand-
parent, or parent of the employee if such spouse, 
son, daughter, domestic partner, parent-in-law, adult 
child, sibling, grandparent, or parent’’; and
(2) in subsection (e)(2)(A), by striking ‘‘spouse, 
or parent’’ and inserting ‘‘spouse (including a same- 
sex spouse as determined under applicable State 
law), domestic partner, parent-in-law, adult child, 
sibling, grandparent, or parent’’. 
(b) CERTIFICATION.—Section 6383 of title 5, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘spouse, or 
parent’’ and inserting ‘‘spouse (including a same-sex 
spouse as determined under applicable State law), 
domestic partner, parent-in-law, adult child, sibling, 
grandparent, or parent’’; 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 
(including a same-sex spouse as determined under 
applicable State law), domestic partner, parent-in- 
law, adult child, sibling, grandparent, or parent, and 
an estimate of the amount of time that such em-
ployee is needed to care for such son, daughter, 
spouse, domestic partner, parent-in-law, adult child, 
sibling, grandparent, or parent’’. 
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