in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest 
by the United States. 
(b) ACQUISITION.—The obligations referred to in 
subsection (a) may be acquired— 
(1) on original issue at the issue price; or 
(2) by purchase of outstanding obligations at 
the market price. 
(c) OBLIGATIONS
ISSUED
FOR
PURCHASE
BY 
FUND.—The purposes for which obligations of the United 
States may be issued under chapter 31 of title 31, United 
States Code, are extended to authorize the issuance at par 
of public debt obligations for purchase by the Insurance 
Fund. Such obligations issued for purchase by the Insur-
ance Fund shall have dates of maturity fixed with due re-
gard for the needs of the Insurance Fund. Such obliga-
tions shall bear interest at a rate equal to— 
(1) except as provided in paragraph (2), the av-
erage market yield (computed by the Managing 
Trustee on the basis of market quotations as of the 
end of the calendar month preceding the date of 
such issue) on all marketable interest-bearing obliga-
tions of the United States forming a part of the 
public debt that are not due or callable until after 
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the expiration of four years from the end of such 
calendar month; or 
(2) in a case in which such average market 
yield is not a multiple of 0.1 percent, the multiple 
of 0.1 percent nearest such market yield. 
(d) OTHER OBLIGATIONS.—The Managing Trustee 
may purchase interest-bearing obligations of the United 
States that are not described in subsection (c) or obliga-
tions guaranteed as to both principal and interest by the 
United States, on original issue or at the market price, 
only in cases in which the trustee determines that the pur-
chase of obligations described in this paragraph is in the 
public interest. 
(e) DISPOSITION
AND REDEMPTION
OF OBLIGA-
TIONS.—Any obligations acquired by the Insurance Fund 
(except public debt obligations issued exclusively to the In-
surance Fund) may be sold by the Managing Trustee at 
the market price, and such public debt obligations may 
be redeemed at par plus accrued interest. 
(f) CREDITING OF INTEREST AND PROCEEDS.—The 
interest on, and the proceeds from the sale or redemption 
of, any obligations held in the Insurance Fund shall be 
credited to and form a part of the Insurance Fund. 
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SEC. 144. PAYMENTS FROM FAMILY AND MEDICAL LEAVE 
INSURANCE FUND. 
The Managing Trustee shall pay from time to time 
from the Insurance Fund such amounts as the Secretary 
of Labor certifies are necessary to make the payments pro-
vided for by section 113, and payments with respect to 
administrative expenses under section 145. 
SEC. 145. ADMINISTRATIVE EXPENSES. 
(a) AVAILABILITY
OF INSURANCE FUND.—Under 
regulations that shall be prescribed by the Secretary of 
Labor, funds shall be made available from the Insurance 
Fund in connection with the administration of this subtitle 
and the administration of related provisions of the Inter-
nal Revenue Code of 1986 in the same manner and extent 
as funds are made available from the trust funds referred 
to in section 201(g) of the Social Security Act (42 U.S.C. 
401(g)) in connection with the administration of the rel-
evant provisions referred to in such section. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be made available for expenditure such 
amounts as Congress may determine to be appropriate to 
pay the costs of the part of the administration of this sub-
title (including start-up costs, technical assistance, and 
costs for small employers electing to participate in the 
Family and Medical Leave Insurance Program) for which 
the Secretary of Labor is responsible. 
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(c) GIFTS AND BEQUESTS.—The Managing Trustee 
may accept on behalf of the United States money gifts 
and bequests made unconditionally to the Insurance Fund 
for the benefit of the Insurance Fund or any activity fi-
nanced through the Insurance Fund and such gifts and 
bequests shall be deposited into the Insurance Fund. 
(d) PROCESSING OF TAX DATA.—Section 232 of the 
Social Security Act (42 U.S.C. 432) shall apply with re-
spect to this subtitle, in the same manner and to the same 
extent as such section applies with respect to title II of 
the Social Security Act (42 U.S.C. 401 et seq.). 
SEC. 146. AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986. 
(a) EMPLOYEE PREMIUMS.—Section 3101 of the In-
ternal Revenue Code of 1986 (relating to tax on employ-
ees) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(c) FAMILY AND MEDICAL LEAVE PREMIUMS.— 
‘‘(1) IN GENERAL.—In addition to the taxes im-
posed by subsections (a) and (b), there is imposed 
on the income of every individual a family and med-
ical leave premium equal to the applicable percent-
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age of the wages (as defined in section 3121(a)) re-
ceived by the individual with respect to employment 
(as defined in section 3121(b)). 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the applicable percentage is— 
‘‘(A) 0.1 percent with respect to periods of 
employment by a small employer (as defined in 
section 103(b) of the Family Leave Insurance 
Act of 2009) electing to participate in the Fam-
ily and Medical Leave Insurance Program (es-
tablished under section 112 of such Act); and 
‘‘(B) 0.2 percent with respect to all other 
periods of employment. 
‘‘(3) 
EXCEPTION
FOR
CERTAIN
EMPLOY-
MENT.—Paragraph (1) shall not apply with respect 
to a period of employment— 
‘‘(A) by an employer during which the Sec-
retary of Labor determines the employer has in 
effect a plan which is equivalent to or better 
than the Family and Medical Leave Insurance 
Program (established under section 112 of the 
Family Leave Insurance Act of 2009); or 
‘‘(B) by a small employer (as so defined) 
who has not elected to participate in such Pro-
gram. 
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For purposes of the preceding sentence, the Sec-
retary of Labor shall prescribe such regulations as 
may be appropriate or necessary, including regula-
tions requiring documentation of employer pro-
grams.’’. 
(b) EMPLOYER PREMIUMS.—Section 3111 of the In-
ternal Revenue Code of 1986 (relating to tax on employ-
ers) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(c) FAMILY AND MEDICAL LEAVE PREMIUMS.— 
‘‘(1) IN GENERAL.—In addition to the excise 
taxes imposed by subsections (a) and (b), there is 
imposed on every employer a family and medical 
leave premium, with respect to having individuals in 
such employer’s employ, equal to the applicable per-
centage of the wages (as defined in section 3121(a)) 
paid by such employer with respect to employment 
(as defined in section 3121(b)). 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the applicable percentage is— 
‘‘(A) 0.1 percent with respect to small em-
ployers (as defined in section 103(b) of the 
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Family Leave Insurance Act of 2009) electing 
to participate in the Family and Medical Leave 
Insurance Program (established under section 
112 of such Act); and 
‘‘(B) 0.2 percent with respect to all other 
employers. 
‘‘(3) EXCEPTION FOR CERTAIN EMPLOYERS.— 
Paragraph (1) shall not apply for any period with 
respect to an employer to whom paragraph (1) of 
section 3101(c) does not apply by reason of para-
graph (3) thereof.’’. 
(c) SELF-EMPLOYED PREMIUMS.—Section 1401 of 
the Internal Revenue Code of 1986 is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) FAMILY AND MEDICAL LEAVE PREMIUMS.— 
‘‘(1) IN GENERAL.—In addition to the taxes im-
posed by subsections (a) and (b), there is imposed 
for each taxable year, on the self-employment income 
of every individual, a family and medical leave pre-
mium equal to 0.4 percent of the amount of the self- 
employment income for such taxable year. 
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‘‘(2) EXCEPTION FOR CERTAIN EMPLOYERS.— 
Paragraph (1) shall not apply for any period with 
respect to an employer who has not elected to par-
ticipate in the Family and Medical Leave Insurance 
Program (established under section 112 of the Fam-
ily Leave Insurance Act of 2009).’’. 
(d) CONFORMING AMENDMENTS TO SOCIAL SECU-
RITY ACT.—Section 201 of the Social Security Act (42 
U.S.C. 401) is amended— 
(1) by striking ‘‘sections 3101(b) and 3111(b)’’ 
both places it appears in subsection (a)(3) and in-
serting ‘‘sections 3101(b), 3101(c), 3111(b), and 
3111(c)’’, and 
(2) by striking ‘‘section 1401(b)’’ both places it 
appears in subsection (a)(4) and inserting ‘‘sections 
1401(b) and 1401(c)’’. 
(e) EFFECTIVE DATE.— 
(1) EMPLOYMENT
PREMIUMS.—The amend-
ments made by subsections (a), (b), and (d)(1) shall 
apply to wages paid after December 31, 2010. 
(2) 
SELF-EMPLOYMENT
PREMIUMS.—The 
amendments made by subsections (c) and (d)(2) 
shall apply to taxable years beginning after Decem-
ber 31, 2010. 
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Subtitle B—Family and Medical 
Leave Enhancement Act of 2009 
SEC. 151. SHORT TITLE. 
This subtitle may be cited as the ‘‘Family and Med-
ical Leave Enhancement Act of 2009’’. 
SEC. 152. ELIGIBLE EMPLOYEE. 
Section 101(2)(B)(ii) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended 
by striking ‘‘less than 50’’ each place it appears and in-
serting ‘‘fewer than 25’’. 
SEC. 153. 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)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) ENTITLEMENT TO ADDITIONAL LEAVE FOR 
PARENTAL
INVOLVEMENT
AND
FAMILY 
WELLNESS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B) and section 103(g), an eligible em-
ployee shall be entitled to leave under this para-
graph to— 
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‘‘(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 for medical and dental ap-
pointments of the employee or a son, 
daughter, spouse, or grandchild of the em-
ployee, or to attend to the care needs of el-
derly individuals who are related to the eli-
gible employee, including visits to nursing 
homes and group homes. 
‘‘(B) LIMITATIONS.— 
‘‘(i) IN
GENERAL.—An eligible em-
ployee 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 
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to any leave provided under any other 
paragraph of this subsection. 
‘‘(C) DEFINITIONS.—As used in this para-
graph: 
‘‘(i) 
SCHOOL.—The 
term 
‘school’ 
means an elementary school or secondary 
school (as such terms are defined in sec-
tion 9101 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.), or a child care facility. 
‘‘(ii) 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 sub-
paragraph (A) or (B) of section 101(12), 
such as a scouting or sports organiza-
tion.’’. 
(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: ‘‘Leave under sub-
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section (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.—An eligible em-
ployee 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 sub-
section (a)(5). In addition, an eligible employee 
may elect, or an employer may require the em-
ployee, 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 re-
quire 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 
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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)) is 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 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 un-
duly the operations of the employer, subject to 
the approval of the health care provider in-
volved (if any).’’. 
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(e) CERTIFICATION.—Section 103 of such Act (29 
U.S.C. 2613) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(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.’’. 
(f) DEFINITION OF GRANDCHILD.—Section 101 of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 
2611) is amended by adding at the end the following new 
paragraph: 
‘‘(14) GRANDCHILD.—The term ‘grandchild’ 
means a son or daughter of an employee’s son or 
daughter.’’. 
SEC. 154. 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 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— 
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‘‘(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, in-
cluding for medical and dental appointments of a 
son, daughter, spouse, or grandchild of the em-
ployee, or to attend to the care needs of elderly indi-
viduals who are related to the eligible employee, in-
cluding 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’ means an elementary 
school or secondary school (as such terms are de-
fined in section 9101 of the Elementary and Sec-
ondary Education Act of 1965), a Head Start pro-
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gram assisted under the Head Start Act, and a child 
care facility licensed under State law; and 
‘‘(ii) the term ‘community organization’ means 
a private nonprofit organization that is representa-
tive of a community or a significant segment of a 
community and provides activities for individuals de-
scribed in subparagraph (A) or (B) of section 
6381(6), such as a scouting or sports 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.’’; 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 any 30-day 
or 12-month period),’’. 
(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 to substitute for leave 
under subsection (a)(5), any of the employee’s accrued or 
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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 substi-
tution 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 amend-
ed 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 sub-
paragraph (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)’’ and inserting ‘‘para-
graph (3) or (5) of section 6382(a)’’. 
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(f) DEFINITION OF GRANDCHILD.—Section 6381 of 
title 5, United States Code, is amended— 
(1) in paragraph (10), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (11), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(12) the term ‘grandchild’ means a son or 
daughter of an employee’s son or daughter.’’. 
Subtitle C—Domestic Violence 
Leave Act 
SEC. 161. SHORT TITLE. 
This subtitle may be cited as the ‘‘Domestic Violence 
Leave Act’’. 
SEC. 162. ENTITLEMENT TO LEAVE FOR DOMESTIC VIO-
LENCE, SEXUAL ASSAULT, OR STALKING. 
(a) AUTHORITY FOR LEAVE.—Section 102(a)(1) (29 
U.S.C. 2612(a)(1)) is amended by adding at the end the 
following: 
‘‘(F) In order to care for the family mem-
ber of the employee, if such family member is 
addressing domestic violence, sexual assault, or 
stalking and their effects. 
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‘‘(A) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence, sexual assault, or stalking; 
‘‘(B) seeking legal assistance or remedies, 
including communicating with the police or an 
attorney, or participating in any legal pro-
ceeding related to domestic violence, sexual as-
sault, or stalking; 
‘‘(C) attending support groups for victims 
of domestic violence, sexual assault, or stalking; 
‘‘(D) obtaining psychological counseling re-
lated to experiences of domestic violence, sexual 
assault, or stalking; 
‘‘(E) participating in safety planning and 
other actions to increase safety from future do-
mestic violence, sexual assault, or stalking, in-
cluding temporary or permanent relocation; and 
‘‘(F) participating in any other activity ne-
cessitated by domestic violence, sexual assault, 
or stalking which must be undertaken during 
hours of employment. 
‘‘(24) FAMILY
MEMBER.—The term ‘family 
member’, used with respect to a person, means an 
individual who is a spouse, domestic partner, parent, 
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son or daughter (including an adult son or daugh-
ter) of that person.’’. 
(c) INTERMITTENT OR REDUCED LEAVE.—Section 
102(b) (29 U.S.C. 2612(b)) is amended by inserting be-
fore the last sentence: ‘‘Subject to subsection (e)(4) and 
103(g), leave under subparagraph (F) or (G) of subsection 
(a)(1) may be taken by an employee intermittently or on 
a reduced leave schedule.’’ 
(d) PAID LEAVE.—Section 102(d)(2)(B) (29 U.S.C. 
2612(d)(2)(B)) is amended by inserting at the end the fol-
lowing: ‘‘An eligible employee may elect to substitute any 
of the accrued paid vacation leave, personal leave, family 
leave, or medical or sick leave of the employee for leave 
provided under subparagraph (F) or (G) of subsection 
(a)(1) for any part of the 12-week period of such leave 
under such subsection, 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.’’ 
(e) NOTICE.—Section 102(e) (29 U.S.C. 2612(e)), by 
adding at the end the following: 
‘‘(4) NOTICE FOR LEAVE DUE TO DOMESTIC VI-
OLENCE, SEXUAL ASSAULT, OR STALKING.—In any 
case in which the necessity for leave under subpara-
graph (F) or (G) of subsection (a)(1) is foreseeable 
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based on a scheduled appointment or planned activ-
ity to address domestic violence, sexual assault, or 
stalking and their effects, the employee shall provide 
such notice to the employer as is reasonable and 
practicable.’’. 
(f) CERTIFICATION AND CONFIDENTIALITY.—Section 
103 (29 U.S.C. 2613) is amended— 
(1) in the title, by adding before the period the 
following: ‘‘; confidentiality’’; and 
(2) by adding at the end the following: 
‘‘(g) CERTIFICATION RELATED TO DOMESTIC VIO-
LENCE, SEXUAL ASSAULT, OR STALKING.— 
‘‘(1) IN GENERAL.—In determining if an em-
ployee meets the requirements of subparagraph (F) 
or (G) of section 102(a)(1), the employer of an em-
ployee may require the employee to provide written 
certification. Certification under this paragraph shall 
be sufficient if it includes— 
‘‘(A) documentation of the domestic vio-
lence, sexual assault, or stalking, such as police 
or court records, or documentation of the do-
mestic violence, sexual assault, or stalking from 
a shelter worker, attorney, clergy, or medical or 
other professional from whom the employee or 
family member of the employee has sought as-
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sistance in addressing domestic violence, sexual 
assault, or stalking and their effects; 
‘‘(B) other corroborating evidence, such as 
a statement from any other individual with 
knowledge of the circumstances which provide 
the basis for the claim, or physical evidence of 
domestic violence, sexual assault, or stalking, 
such as photographs, or torn or bloody clothes; 
or 
‘‘(C) at the election of the employee, where 
documentation described in subparagraph (A) 
and corroborating evidence described in sub-
paragraph (B) is not available, a written state-
ment describing the domestic violence, sexual 
assault, or stalking and their effects. 
‘‘(2) CONFIDENTIALITY.—All evidence of do-
mestic violence, sexual assault, or stalking provided 
to an employer under this subsection, including an 
employee’s statement, any corroborating evidence, 
and the fact that an employee has requested leave 
for the purpose of addressing domestic violence, sex-
ual assault, or stalking and their effects, shall be re-
tained in the strictest confidence by the employer, 
except to the extent consented to by the employee 
where disclosure is necessary to— 
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‘‘(A) protect the safety of the employee or 
family member of the employee; or 
‘‘(B) assist in documenting domestic vio-
lence, sexual assault, or stalking for a court or 
law enforcement agency.’’. 
(g) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Family and Medical Leave Act of 1993 
(29 U.S.C. prec. 2601) is amended by striking the item 
relating to section 103 and inserting the following: 
‘‘103. Certification; confidentiality.’’. 
SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMES-
TIC PARTNERS. 
(a) DEFINITIONS.— 
(1) INCLUSION OF SAME-SEX SPOUSES.—Sec-
tion 101(13) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611(13)) is amended, by insert-
ing ‘‘, and, notwithstanding section 7 of title I, 
United States Code, includes a spouse of the same 
sex as the employee as determined under applicable 
State law’’ before the period. 
(2) INCLUSION
CHILDREN
OF
A
DOMESTIC 
PARTNER.—Section 101(12) of such Act (29 U.S.C. 
2611(12)) is amended by inserting ‘‘a child of an in-
dividual’s domestic partner,’’ after ‘‘a legal ward,’’. 
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(3) INCLUSION DOMESTIC PARTNERS.—Section 
101 of such Act (as amended by section 162) is fur-
ther amended by adding at the end the following: 
‘‘(25) DOMESTIC PARTNER.—The term ‘domes-
tic partner’ means— 
‘‘(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 where the em-
ployee resides; or 
‘‘(B) in the case of an unmarried employee 
who resides in a State where a person cannot 
marry a person of the same sex under the laws 
of the State, a single, unmarried adult person 
of the same sex as the employee who is in a 
committed, intimate relationship with the em-
ployee, 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.’’. 
(b) LEAVE REQUIREMENT.—Section 102 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 
amended— 
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(1) 
in 
subsection 
(a)(1)(C), 
by 
striking 
‘‘spouse,’’ both places it appears and inserting 
‘‘spouse or domestic partner,’’; 
(2) in subsection (a)(1)(E), by striking spouse, 
and inserting ‘‘spouse or domestic partner,’’; 
(3) in subsection (a)(3), by striking ‘‘spouse,’’ 
and inserting ‘‘spouse or domestic partner,’’; 
(4) in subsection (e)(2)(A), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’; 
(5) in subsection (e)(3), by inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’; 
(6) in subsection (f)— 
(A) in the subsection heading, by inserting 
‘‘OR DOMESTIC PARTNERS’’ after ‘‘SPOUSES’’; 
(B) in paragraph (1), by striking ‘‘a hus-
band and wife’’ and inserting ‘‘both spouses or 
both domestic partners’’; 
(C) in paragraph (2)(A), by striking ‘‘that 
husband and wife’’ and inserting ‘‘spouses or 
both domestic partners’’; and 
(D) in paragraph (2)(B), by striking ‘‘the 
husband and wife’’ and inserting ‘‘both spouses 
or both domestic partners’’. 
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(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 inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’; 
(2) in subsection (b)(4)(A), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’ both places it ap-
pears; and 
(3) in subsection (b)(7), by inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’. 
(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 inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’; and 
(2) in subparagraph (C)(ii), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’. 
SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY-
EES FOR DOMESTIC VIOLENCE, SEXUAL AS-
SAULT, OR STALKING. 
(a) AUTHORITY FOR LEAVE.—Section 6382(a)(1) of 
title 5, United States Code is amended by adding at the 
end the following: 
‘‘(E) In order to care for the family member of 
the employee, if such family member is addressing 
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domestic violence, sexual assault, or stalking and 
their effects. 
‘‘(F) Because the employee is addressing do-
mestic violence, sexual assault, or stalking and their 
effects, the employee is unable to perform any of the 
functions of the position of such employee.’’. 
(b) DEFINITIONS.—Section 6381 of title 5, United 
States Code is amended— 
(1) at the end of paragraph (10), by striking 
‘‘and’’; 
(2) in paragraph (11), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(12) the terms ‘domestic violence’, ‘sexual as-
sault’, and ‘stalking’ all have the meaning given such 
terms in section 40002 of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925), and the 
term ‘domestic violence’ includes dating violence, as 
such term is defined in such section; 
‘‘(13) the term ‘addressing domestic violence, 
sexual assault, or stalking and their effects’ 
means— 
‘‘(A) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence, sexual assault, or stalking; 
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‘‘(B) seeking legal assistance or remedies, 
including communicating with the police or an 
attorney, or participating in any legal pro-
ceeding related to domestic violence, sexual as-
sault, or stalking; 
‘‘(C) attending support groups for victims 
of domestic violence, sexual assault, or stalking; 
‘‘(D) obtaining psychological counseling re-
lated to experiences of domestic violence, sexual 
assault, or stalking; 
‘‘(E) participating in safety planning and 
other actions to increase safety from future do-
mestic violence, sexual assault, or stalking, in-
cluding temporary or permanent relocation; and 
‘‘(F) participating in any other activity ne-
cessitated by domestic violence, sexual assault, 
or stalking which must be undertaken during 
hours of employment; 
‘‘(14) the term ‘family member’, used with re-
spect to a person, means an individual who is a 
spouse, domestic partner, parent, son or daughter 
(including an adult son or daughter) of that per-
son;’’. 
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(c) INTERMITTENT OR REDUCED LEAVE.—Section 
6382(b) of title 5, United States Code, is amended by add-
ing at the end the following: 
‘‘(3) Leave under subparagraph (E) or (F) of 
subsection (a)(1) may be taken by an employee 
intermittently or on a reduced leave schedule. The 
taking of leave intermittently or on a reduced leave 
schedule pursuant to this paragraph shall not result 
in a reduction in the total amount of leave to which 
the employee is entitled under subsection (a) beyond 
the amount of leave actually taken.’’. 
(d) OTHER LEAVE.—Section 6382(d) of title 5, 
United States Code, is amended by striking ‘‘(C), or (D)’’ 
and inserting ‘‘(C), (D), (E), or (F)’’. 
(e) NOTICE.—Section 6282(e) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(3) In any case in which the necessity for 
leave under subparagraph (F) or (G) of subsection 
(a)(1) is foreseeable based on a scheduled appoint-
ment or planned activity to address domestic vio-
lence, sexual assault, or stalking and their effects, 
the employee shall provide such notice to the em-
ploying agency as is reasonable and practicable.’’. 
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(f) CERTIFICATION.—Section 6383 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) In determining if an employee meets the require-
ments of subparagraph (E) or (F) of section 6382(a)(1), 
the employing agency of an employee may require the em-
ployee to provide written certification. Certification under 
this subsection shall be sufficient if it includes— 
‘‘(1) documentation of the domestic violence, 
sexual assault, or stalking, such as police or court 
records, or documentation of the domestic violence, 
sexual assault, or stalking from a shelter worker, at-
torney, clergy, or medical or other professional from 
whom the employee or family member of the em-
ployee has sought assistance in addressing domestic 
violence, sexual assault, or stalking and their effects; 
‘‘(2) other corroborating evidence, such as a 
statement from any other individual with knowledge 
of the circumstances which provide the basis for the 
claim, or physical evidence of domestic violence, sex-
ual assault, or stalking, such as photographs or torn 
or bloody clothes; or 
‘‘(3) at the election of the employee, where doc-
umentation described in paragraph (1) and corrobo-
rating evidence described in paragraph (2) is not 
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