I 
116TH CONGRESS 
1ST SESSION H. R. 5456 
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 ac-
tivities or meet family care needs. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2019 
Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which 
was referred to the Committee on Education and Labor, and in addition 
to the Committees on Oversight and 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 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 grand-
children’s educational and extracurricular activities or 
meet family care needs. 
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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 Medical Leave 
Modernization Act’’. 
SEC. 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 AN-
OTHER RELATED INDIVIDUAL. 
(a) DEFINITIONS.— 
(1) INCLUSION
OF
RELATED
INDIVIDUALS.— 
Section 101 of such Act is further amended by add-
ing at the end the following: 
‘‘(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’, used with respect to an em-
ployee, 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. 
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(B) in paragraph (2), by inserting ‘‘, or 
those domestic partners,’’ after ‘‘husband and 
wife’’ each place it appears. 
(c) 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 ‘‘son, daugh-
ter, 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’’ and in-
serting ‘‘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 or affinity whose close association is the 
equivalent of a family relationship with the em-
ployee, as appropriate’’; and 
(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 need-
ed to care for the son, daughter, spouse, or par-
ent’’ and inserting ‘‘son or daughter, son-in- 
law, daughter-in-law, spouse or domestic part-
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ner, parent, parent-in-law, grandparent, grand-
child, sibling, uncle or aunt, or nephew or niece 
of the employee, or any other individual related 
by blood or affinity 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 need-
ed 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’’; and 
(B) in paragraph (7), by striking ‘‘son, 
daughter, parent, or spouse who has a serious 
health condition, or will assist in their recov-
ery,’’ and inserting ‘‘son or daughter, son-in- 
law, daughter-in-law, spouse or domestic part-
ner, parent, parent-in-law, grandparent, grand-
child, sibling, uncle or aunt, or nephew or niece, 
with a serious health condition, of the employee, 
or an individual, with a serious health condi-
tion, who is any other individual related by 
blood or affinity whose close association is the 
equivalent of a family relationship with the em-
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ployee, as appropriate, or will assist in the re-
covery,’’. 
(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)) is amended— 
(1) in subparagraph (A)(i), by striking ‘‘son, 
daughter, spouse, or parent of the employee, as ap-
propriate,’’ and inserting ‘‘son or daughter, son-in- 
law, daughter-in-law, spouse or domestic partner, 
parent, parent-in-law, grandparent, grandchild, sib-
ling, uncle or aunt, or nephew or niece of the em-
ployee, or any other individual related by blood or 
affinity whose close association is the equivalent of 
a family relationship with the employee, as appro-
priate,’’; and 
(2) in subparagraph (C)(ii), by striking ‘‘son, 
daughter, spouse, or parent’’ and inserting ‘‘employ-
ee’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 or affinity 
whose close association is the equivalent of a family 
relationship, as appropriate,’’. 
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SEC. 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 AN-
OTHER 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 RE-
LATED BY BLOOD OR AFFINITY.—Section 6381 of 
title 5, United States Code, is amended— 
(A) in paragraph (11) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (12), by striking the pe-
riod and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(13) the term ‘any other individual related by 
blood or affinity whose close association is the equiv-
alent of a family relationship’, used with respect to 
an employee, means any person with whom the em-
ployee has a significant personal bond that is or is 
like a family relationship, regardless of biological or 
legal relationship; 
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‘‘(14) the term ‘domestic partner’, used with re-
spect to an employee, means— 
‘‘(A) the person recognized as the domestic 
partner of the employee under any domestic 
partnership or civil union law of a State or po-
litical subdivision of a State; or 
‘‘(B) in the case of an unmarried em-
ployee, an unmarried adult person who is in a 
committed, personal relationship with the em-
ployee, 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’ means the son or 
daughter of an employee’s son or daughter; 
‘‘(16) the term ‘grandparent’ means a parent of 
a parent of an employee; 
‘‘(17) the terms ‘nephew’ and ‘niece’, used with 
respect to an employee, mean a son or daughter of 
the employee’s sibling; 
‘‘(18) the term ‘parent-in-law’ means a parent 
of the spouse or domestic partner of an employee; 
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‘‘(19) the term ‘sibling’ means any person who 
is a son or daughter of an employee’s parent (other 
than the employee); 
‘‘(20) the terms ‘son-in-law’ and ‘daughter-in- 
law’, used with respect to an employee, mean any 
person who is a spouse or domestic partner of a son 
or daughter, as the case may be, of the employee; 
‘‘(21) the term ‘State’ has the same meaning 
given the term in section 3 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203); and 
‘‘(22) the terms ‘uncle’ and ‘aunt’, used with 
respect to an employee, mean the son or daughter, 
as the case may be, of the employee’s grandparent 
(other than the employee’s parent).’’. 
(2) INCLUSION OF ADULT CHILDREN AND CHIL-
DREN OF A DOMESTIC PARTNER.—Section 6381(6) 
of such title is amended— 
(A) by inserting ‘‘a child of an individual’s 
domestic partner,’’ after ‘‘a legal ward,’’; and 
(B) by striking ‘‘who is—’’ and all that 
follows and inserting ‘‘and includes an adult 
child’’. 
(b) LEAVE REQUIREMENT.—Section 6382 of title 5, 
United States Code, is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1)— 
(i) in subparagraph (C), by striking 
‘‘spouse, or a son, daughter, or parent, of 
the employee, if such spouse, son, daugh-
ter, or parent’’ and inserting ‘‘spouse or 
domestic partner, or a son or daughter, 
son-in-law, daughter-in-law, parent, par-
ent-in-law, grandparent, grandchild, sib-
ling, uncle or aunt, or nephew or niece of 
the employee, or any other individual re-
lated by blood or affinity whose close asso-
ciation with the employee is the equivalent 
of a family relationship, if such spouse, do-
mestic 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 in-
dividual’’; and 
(ii) in subparagraph (E), by striking 
‘‘spouse, or a son, daughter, or parent of 
the employee’’ and inserting ‘‘spouse or do-
mestic 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 
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other individual related by blood or affinity 
whose close association is the equivalent of 
a family relationship with the employee’’; 
and 
(B) in paragraph (3), by striking ‘‘spouse, 
son, daughter, parent, or next of kin of a cov-
ered servicemember’’ and inserting ‘‘spouse or 
domestic partner, son or daughter, son-in-law, 
daughter-in-law, parent, parent-in-law, grand-
parent, sibling, uncle or aunt, nephew or niece, 
or next of kin of a covered servicemember, or 
any other individual related by blood or affinity 
whose close association is the equivalent of a 
family relationship with the covered service-
member’’; and 
(2) in subsection (e)— 
(A) in paragraph (2)(A), by striking ‘‘son, 
daughter, spouse, parent, or covered service-
member of the employee, as appropriate’’ and 
inserting ‘‘son or daughter, son-in-law, daugh-
ter-in-law, spouse or domestic partner, parent, 
parent-in-law, grandparent, grandchild, sibling, 
uncle or aunt, nephew or niece, or covered serv-
icemember of the employee, or any other indi-
vidual related by blood or affinity whose close 
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(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’’ and in-
serting ‘‘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 in-
dividual related by blood or affinity whose close as-
sociation 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, daugh-
ter-in-law, spouse or domestic partner, parent, par-
ent-in-law, grandparent, grandchild, sibling, uncle or 
aunt, or nephew or niece, or such other individual’’. 
SEC. 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)), as amended by section 2(b), is further amend-
ed— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
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(2) by inserting after paragraph (4) the fol-
lowing 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 eligi-
ble employee shall be entitled to leave under 
this paragraph to— 
‘‘(i) participate in or attend an activ-
ity that is sponsored by a school or com-
munity organization and relates to a pro-
gram of the school or organization that is 
attended by a son or daughter or a grand-
child 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 de-
scribed in section 102(a) (including by 
making visits to nursing homes or group 
homes). 
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‘‘(B) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—An eligible em-
ployee 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 para-
graph (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 para-
graph: 
‘‘(i) COMMUNITY
ORGANIZATION.— 
The term ‘community organization’ means 
a private nonprofit organization that is 
representative of a community or a signifi-
cant segment of a community and provides 
activities for individuals described in sec-
tion 101(12), such as a scouting or sports 
organization. 
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‘‘(ii) SCHOOL.—The term ‘school’ 
means an elementary school or secondary 
school (as such terms are defined in sec-
tion 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)), a Head Start program assisted 
under the Head Start Act (42 U.S.C. 9831 
et seq.), and a child care facility licensed 
under State law.’’. 
(b) SCHEDULE.—Section 102(b)(1) of such Act (29 
U.S.C. 2612(b)(1)) is amended by inserting after the third 
sentence the following new sentence: ‘‘Subject to sub-
section (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)) is amended 
by adding at the end the following new subparagraph: 
‘‘(C) PARENTAL INVOLVEMENT LEAVE AND 
FAMILY WELLNESS LEAVE.— 
‘‘(i) VACATION
LEAVE; 
PERSONAL 
LEAVE; FAMILY
LEAVE.—An eligible em-
ployee may elect, or an employer may re-
quire the employee, to substitute any of 
the accrued paid vacation leave, personal 
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leave, or family leave of the employee for 
any part of the period of leave under sub-
section (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 em-
ployer 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 sub-
section (a)(5), the employer shall not re-
strict or limit the leave that may be sub-
stituted or impose any additional terms 
and conditions on the substitution of such 
leave that are more stringent for the em-
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ployee than the terms and conditions set 
forth in this Act.’’. 
(d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 
2612(e)), as amended by section 2(b), is further amended 
by adding at the end the following new paragraph: 
‘‘(4) NOTICE
RELATING
TO
PARENTAL
IN-
VOLVEMENT
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 imprac-
ticable) such notice as is practicable, before the 
date the leave is to begin, of the employee’s in-
tention 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 ef-
fort 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) is amended by adding at the end the fol-
lowing new subsection: 
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‘‘(g) CERTIFICATION RELATED TO PARENTAL IN-
VOLVEMENT AND FAMILY WELLNESS LEAVE.—An em-
ployer 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 regula-
tion prescribe.’’. 
SEC. 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 fur-
ther amended by adding at the end the following new para-
graph: 
‘‘(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 organiza-
tion 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 appoint-
ments of the employee or a son or daughter, spouse, 
or grandchild of the employee) or to attend to the 
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care needs of an elderly individual who is related to 
the employee through a relationship described in sec-
tion 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’ means a 
private nonprofit organization that is representative 
of a community or a significant segment of a com-
munity and provides activities for individuals de-
scribed in section 6381(6), such as a scouting or 
sports organization; and 
‘‘(ii) the term ‘school’ means an elementary 
school or secondary school (as such terms are de-
fined in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801)), a 
Head Start program assisted under the Head Start 
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Act (42 U.S.C. 9831 et seq.), and a child care facil-
ity licensed under State law.’’. 
(b) SCHEDULE.—Section 6382(b)(1) of such title is 
amended— 
(1) by inserting after the third sentence the fol-
lowing 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.’’; and 
(2) in the last sentence, by striking ‘‘involved,’’ 
and inserting ‘‘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— 
(1) by inserting ‘‘(1)’’ after the subsection des-
ignation; and 
(2) by adding at the end the following: 
‘‘(2) An employee may elect, or an employer may re-
quire the employee, to substitute for any part of the period 
of leave under subsection (a)(5), any of the employee’s ac-
crued or accumulated annual or sick leave under sub-
chapter I. If the employee elects or the employer requires 
the substitution of that accrued or accumulated annual or 
sick leave for leave under subsection (a)(5), the employing 
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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 impracti-
cable) 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 sub-
section (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 agen-
cy, subject to the approval of the health care pro-
vider involved (if any).’’. 
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(e) CERTIFICATION.—Section 6383(f) of such title is 
amended by striking ‘‘paragraph (1)(E) or (3) of’’ and 
inserting ‘‘paragraph (1)(E), (3) or (5) of’’. 
Æ 
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