I 
111TH CONGRESS 
1ST SESSION H. R. 2132 
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 who has a serious health condition. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2009 
Mrs. MALONEY (for herself, Ms. BALDWIN, Ms. WOOLSEY, Mr. FRANK of 
Massachusetts, Mr. POLIS of Colorado, Mr. DELAHUNT, Ms. HIRONO, 
Mr. FARR, Mr. ISRAEL, and Mr. NADLER of New York) introduced the 
following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committees on House Administration and 
Oversight and Government Reform, for a period to be subsequently deter-
mined 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 to 
permit leave to care for a same-sex spouse, domestic 
partner, parent-in-law, adult child, sibling, or grand-
parent who has a serious health condition. 
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’’. 
VerDate Nov 24 2008 
04:13 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2132.IH
H2132
smartinez on PROD1PC64 with BILLS
SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PAR-
ENT-IN-LAW, 
ADULT 
CHILD, 
SIBLING, 
OR 
GRANDPARENT. 
(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 includes a same-sex spouse as determined 
under applicable State law’’ before the period. 
(2) INCLUSION OF ADULT CHILDREN AND CHIL-
DREN OF A DOMESTIC PARTNER.—Section 101(12) 
of such Act (29 U.S.C. 2611(12)) 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’’. 
(3) INCLUSION OF GRANDPARENTS, PARENTS- 
IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS.—Sec-
tion 101 of such Act is further amended by adding 
at the end the following: 
‘‘(20) 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 
VerDate Nov 24 2008 
04:13 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2132.IH
H2132
smartinez on PROD1PC64 with BILLS
or political subdivision of a State where the em-
ployee resides; or 
‘‘(B) in the case of an unmarried employee 
who lives 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. 
‘‘(21) GRANDPARENT.—The term ‘grandparent’ 
means a parent of a parent of an employee. 
‘‘(22) PARENT-IN-LAW.—The term ‘parent-in- 
law’ means a parent of the spouse or domestic part-
ner of an employee. 
‘‘(23) SIBLING.—The term ‘sibling’ means any 
person who is a son or daughter of an employee’s 
parent.’’. 
(b) 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 
VerDate Nov 24 2008 
04:13 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2132.IH
H2132
smartinez on PROD1PC64 with BILLS
such spouse, son, daughter, or parent’’ and inserting 
‘‘spouse or domestic partner, or a son, daughter, 
parent, parent-in-law, grandparent, or sibling, of the 
employee if such spouse, domestic partner, son, 
daughter, parent, parent-in-law, grandparent, or sib-
ling’’; 
(2) in subsection (a)(3), by striking ‘‘spouse, 
son, daughter, parent,’’ and inserting ‘‘spouse or do-
mestic partner, son, daughter, parent, parent-in-law, 
grandparent, sibling,’’; and 
(3) in subsection (e)(2)(A), by striking ‘‘spouse, 
or parent’’ and inserting ‘‘spouse, domestic partner, 
parent, parent-in-law, grandparent, or sibling’’. 
(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 ‘‘spouse, or 
parent’’ and inserting ‘‘spouse, domestic partner, 
parent, parent-in-law, grandparent, or sibling’’; 
(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, 
domestic partner, parent, parent-in-law, grand-
parent, or sibling and an estimate of the amount of 
VerDate Nov 24 2008 
04:13 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2132.IH
H2132
smartinez on PROD1PC64 with BILLS
time that such employee is needed to care for such 
son, daughter, spouse, domestic partner, parent, 
parent-in-law, grandparent, or sibling’’; and 
(3) in subsection (b)(7), by striking ‘‘parent, or 
spouse’’ and inserting ‘‘spouse, domestic partner, 
parent, parent-in-law, grandparent, or sibling’’. 
(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 ‘‘spouse, 
or parent’’ and inserting ‘‘spouse, domestic partner, 
parent, parent-in-law, grandparent, or sibling’’; and 
(2) 
in 
subparagraph 
(C)(ii), 
by 
striking 
‘‘spouse, or parent’’ and inserting ‘‘spouse, domestic 
partner, parent, parent-in-law, grandparent, or sib-
ling’’. 
SEC. 3. FEDERAL EMPLOYEES. 
(a) DEFINITIONS.— 
(1) INCLUSION OF ADULT CHILDREN AND CHIL-
DREN OF A DOMESTIC PARTNER.—Section 6381(6) 
of title 5, United States Code, is amended— 
(A) by inserting ‘‘a child of an individual’s 
domestic partner,’’ after ‘‘a legal ward,’’; and 
VerDate Nov 24 2008 
04:13 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2132.IH
H2132
smartinez on PROD1PC64 with BILLS
(3) in subsection (e)(2)(A), by striking ‘‘spouse, 
or parent’’ and inserting ‘‘spouse, domestic partner, 
parent, parent-in-law, grandparent, or sibling’’. 
(c) CERTIFICATION.—Section 6383 of title 5, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘spouse, or 
parent’’ and inserting ‘‘spouse, domestic partner, 
parent, parent-in-law, grandparent, or sibling’’; 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, 
domestic partner, parent, parent-in-law, grand-
parent, or sibling and an estimate of the amount of 
time that such employee is needed to care for such 
son, daughter, spouse, domestic partner, parent, 
parent-in-law, grandparent, or sibling’’. 
Æ 
VerDate Nov 24 2008 
04:13 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H2132.IH
H2132
smartinez on PROD1PC64 with BILLS