,,ii #aafth ,,congress #ast ,session ,s4 #cjga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjai,mr4 ,durbin 7for himself1 ,mr4 ,blumenthal1 ,ms4 ,duckworth1 ,mr4 ,leahy1 ,ms4 ,harris1 and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,family and ,medical ,leave ,act of #aiic and title #e1 ,united ,states ,code1 to permit leave to care for a domestic partner1 parent-in-law1 or adult child1 or another related individual1 who has a serious health condition1 and to allow employees to take1 as additional leave1 parental involvement and family wellness leave to participate in or attend their children's and grandchildren's educational and extracurricular activities or meet family care needs4 #a4 ,short title ,this ,act may be cited as the ,family ,medical ,leave ,modernization ,act 4 #b4 ,leave to care for a domestic partner1 son-in-law1 daughter-in-law1 parent-in-law1 adult child1 grandparent1 grandchild1 or sibling of the employee1 or another related individual 7a7 ,definitions 7#a7 ,inclusion of related individuals ,section #aja of such ,act is further amended by adding at the end the following3 7#bj7 ,any other individual related by blood or affinity whose close association is the equivalent of a family relationship ,the term #8any other individual related by blood or affinity whose close association is the equivalent of a family relationship'1 used with respect to an employee1 means any person with whom the employee has a significant personal bond that is or is like a family relationship1 regardless of biological or legal relationship4 7#ba7 ,domestic partner ,the term domestic partner1 used with respect to an employee1 means-- 7,a7 the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a ,state or political subdivision of a ,state2 or 7,b7 in the case of an unmarried employee1 an unmarried adult person who is in a committed1 personal relationship with the employee1 is not a domestic partner as described in subparagraph 7,a7 to or in such a relationship with any other person1 and who is designated to the employer by such employee as that employee's domestic partner4 7#bb7 ,grandchild ,the term grandchild means the son or daughter of an employee's son or daughter4 7#bc7 ,grandparent ,the term grandparent means a parent of a parent of an employee4 7#bd7 ,nephew2 niece ,the terms nephew and niece1 used with respect to an employee1 mean a son or daughter of the employee's sibling4 7#be7 ,parent-in-law ,the term parent-in-law means a parent of the spouse or domestic partner of an employee4 7#bf7 ,sibling ,the term sibling means any person who is a son or daughter of an employee's parent 7other than the employee74 7#bg7 ,son-in-law2 daughter-in-law ,the terms son-in-law and daughter-in-law1 used with respect to an employee1 mean any person who is a spouse or domestic partner of a son or daughter1 as the case may be1 of the employee4 7#bh7 ,uncle2 ,aunt ,the terms uncle and aunt1 used with respect to an employee1 mean the son or daughter1 as the case may be1 of the employee's grandparent 7other than the employee's parent74 4 7#b7 ,inclusion of adult children and children of a domestic partner ,section #aja7ab7 of such ,act 7#bi ,u4,s4,c4 #bfaa7ab77 is amended-- 7,a7 by inserting a child of an individual's domestic partner1 after a legal ward12 and 7,b7 by striking who is-- and all that follows and inserting and includes an adult child44 7b7 ,leave ,requirement ,section #ajb of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking spouse1 or a son1 daughter1 or parent1 of the employee1 if such spouse1 son1 daughter1 or parent and inserting spouse or domestic partner1 or a son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 if such spouse1 domestic partner1 son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece1 or such other individual2 and 7ii7 in subparagraph 7,e71 by striking spouse1 or a son1 daughter1 or parent of the employee and inserting spouse or domestic partner1 or a son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee2 and 7,b7 in paragraph 7#c71 by striking spouse1 son1 daughter1 parent1 or next of kin of a covered servicemember and inserting spouse or domestic partner1 son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 sibling1 uncle or aunt1 nephew or niece1 or next of kin of a covered servicemember1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the covered servicemember2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#b77;,a71 by striking son1 daughter1 spouse1 parent1 or covered servicemember of the employee1 as appropriate and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 nephew or niece1 or covered servicemember of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate2 and 7,b7 in paragraph 7#c71 by striking spouse1 or a son1 daughter1 or parent1 of the employee and inserting spouse or domestic partner1 or a son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate12 and 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 or domestic partners1 after husband and wife2 and 7ii7 in subparagraph 7,b71 by inserting or parent-in-law after parent2 and 7,b7 in paragraph 7#b71 by inserting 1 or those domestic partners1 after husband and wife each place it appears4 7c7 ,certification ,section #ajc of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfac7 is amended-- 7#a7 in subsection 7a71 by striking son1 daughter1 spouse1 or parent of the employee1 or of the next of kin of an individual in the case of leave taken under such paragraph 7#c71 as appropriate and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or the next of kin of an individual1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#d77;,a71 by striking son1 daughter1 spouse1 or parent and an estimate of the amount of time that such employee is needed to care for the son1 daughter1 spouse1 or parent and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate1 and an estimate of the amount of time that such employee is needed to care for such son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece1 or such other individual2 and 7,b7 in paragraph 7#g71 by striking son1 daughter1 parent1 or spouse who has a serious health condition1 or will assist in their recovery1 and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece1 with a serious health condition1 of the employee1 or an individual1 with a serious health condition1 who is any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate1 or will assist in the recovery14 7d7 ,employment and ,benefits ,protection ,section #ajd7;c77#c7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfad7;c77#c77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking son1 daughter1 spouse1 or parent of the employee1 as appropriate1 and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate12 and 7#b7 in subparagraph 7,c77ii71 by striking son1 daughter1 spouse1 or parent and inserting employee's son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece1 or 7with relation to the employee7 any other individual related by blood or affinity whose close association is the equivalent of a family relationship1 as appropriate14 #c4 ,leave to care for a domestic partner1 son-in-law1 daughter-in-law1 parent-in-law1 adult child1 grandparent1 grandchild1 or sibling of the employee1 or another related individual for ,federal employees 7a7 ,definitions 7#a7 ,inclusion of a domestic partner1 son-in-law1 daughter-in-law1 parent-in-law1 adult child1 grandparent1 grandchild1 or sibling of the employee1 or another individual related by blood or affinity ,section #fcha of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#aa7 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#ab71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#ac7 the term any other individual related by blood or affinity whose close association is the equivalent of a family relationship1 used with respect to an employee1 means any person with whom the employee has a significant personal bond that is or is like a family relationship1 regardless of biological or legal relationship2 7#ad7 the term domestic partner1 used with respect to an employee1 means-- 7,a7 the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a ,state or political subdivision of a ,state2 or 7,b7 in the case of an unmarried employee1 an unmarried adult person who is in a committed1 personal relationship with the employee1 is not a domestic partner as described in subparagraph 7,a7 or in such a relationship with any other person1 and who is designated to the employing agency by such employee as that employee's domestic partner2 7#ae7 the term grandchild means the son or daughter of an employee's son or daughter2 7#af7 the term grandparent means a parent of a parent of an employee2 7#ag7 the terms nephew and niece1 used with respect to an employee1 mean a son or daughter of the employee's sibling2 7#ah7 the term parent-in-law means a parent of the spouse or domestic partner of an employee2 7#ai7 the term sibling means any person who is a son or daughter of an employee's parent 7other than the employee72 7#bj7 the terms son-in-law and daughter-in-law1 used with respect to an employee1 mean any person who is a spouse or domestic partner of a son or daughter1 as the case may be1 of the employee2 7#ba7 the term ,state has the same meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc72 and 7#bb7 the terms uncle and aunt1 used with respect to an employee1 mean the son or daughter1 as the case may be1 of the employee's grandparent 7other than the employee's parent74 4 7#b7 ,inclusion of adult children and children of a domestic partner ,section #fcha7f7 of such title is amended-- 7,a7 by inserting a child of an individual's domestic partner1 after a legal ward12 and 7,b7 by striking who is-- and all that follows and inserting and includes an adult child4 7b7 ,leave ,requirement ,section #fchb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking spouse1 or a son1 daughter1 or parent1 of the employee1 if such spouse1 son1 daughter1 or parent and inserting spouse or domestic partner1 or a son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship1 if such spouse1 domestic partner1 son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece1 or such other individual2 and 7ii7 in subparagraph 7,e71 by striking spouse1 or a son1 daughter1 or parent of the employee and inserting spouse or domestic partner1 or a son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee2 and 7,b7 in paragraph 7#c71 by striking spouse1 son1 daughter1 parent1 or next of kin of a covered servicemember and inserting spouse or domestic partner1 son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 sibling1 uncle or aunt1 nephew or niece1 or next of kin of a covered servicemember1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the covered servicemember2 and 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#b77;,a71 by striking son1 daughter1 spouse1 parent1 or covered servicemember of the employee1 as appropriate and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 nephew or niece1 or covered servicemember of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate2 and 7,b7 in paragraph 7#c71 by striking spouse1 or a son1 daughter1 or parent1 of the employee and inserting spouse or domestic partner1 or a son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate14 7c7 ,certification ,section #fchc of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking son1 daughter1 spouse1 or parent of the employee1 as appropriate and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate2 and 7#b7 in subsection 7b77#d77;,a71 by striking son1 daughter1 spouse1 or parent1 and an estimate of the amount of time that such employee is needed to care for such son1 daughter1 spouse1 or parent and inserting son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece of the employee1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the employee1 as appropriate1 and an estimate of the amount of time that such employee is needed to care for such son or daughter1 son-in-law1 daughter-in-law1 spouse or domestic partner1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece1 or such other individual4 #d4 ,entitlement to additional leave under the ,,fmla for parental involvement and family wellness 7a7 ,leave requirement ,section #ajb7;a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a771 as amended by section #b7;b71 is further amended-- 7#a7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7#b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,entitlement to additional leave for parental involvement and family wellness 7,a7 ,in general ,subject to subparagraph 7,b7 and section #ajc7;g71 an eligible employee shall be entitled to leave under this paragraph to-- 7i7 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 employee2 or 7ii7 meet routine family medical care needs 7including by attending medical and dental appointments of the employee or a son or daughter1 spouse1 or grandchild of the employee7 or attend to the care needs of an elderly individual who is related to the employee through a relationship described in section #ajb7;a7 7including by making visits to nursing homes or group homes74 7,b7 ,limitations 7i7 ,in general ,an eligible employee shall be entitled to-- 7,i7 not to exceed #d hours of leave under this paragraph during any #cj-;day period2 and 7,,ii7 not to exceed #bd hours of leave under this paragraph during any #ab-month period described in paragraph 7#d74 7ii7 ,coordination rule ,leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection4 7,c7 ,definitions ,as used in this paragraph3 7i7 ,community organization ,the term community organization means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in section #aja7ab71 such as a scouting or sports organization4 7ii7 ,school ,the term school means an elementary school or secondary school 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 a ,head ,start program assisted under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 and a child care facility licensed under ,state law4 4 7b7 ,schedule ,section #ajb7;b77#a7 of such ,act 7#bi ,u4,s4,c4 #bfab7;b77#a77 is amended by inserting after the third sentence the following new sentence3 ,subject to subsection 7e77#d7 and section #ajc7;g71 leave under subsection 7a77#e7 may be taken intermittently or on a reduced leave schedule44 7c7 ,substitution of paid leave ,section #ajb7;d77#b7 of such ,act 7#bi ,u4,s4,c4 #bfab7;d77#b77 is amended by adding at the end the following new subparagraph3 7,c7 ,parental involvement leave and family wellness leave 7i7 ,vacation leave2 personal leave2 family leave ,an eligible employee may elect1 or an employer may require the employee1 to substitute any of the accrued paid vacation leave1 personal leave1 or family leave of the employee for any part of the period of leave under subsection 7a77#e74 7ii7 ,medical or sick leave ,an eligible employee may elect1 or an employer may require the employee1 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 7ii7 of subsection 7a77#e77;,a71 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 leave4 7iii7 ,prohibition on restrictions and limitations ,if the employee elects or the employer requires the substitution of accrued paid leave for leave under subsection 7a77#e71 the employer 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 ,act4 4 7d7 ,notice ,section #ajb7;e7 of such ,act 7#bi ,u4,s4,c4 #bfab7;e771 as amended by section #b7;b71 is further amended by adding at the end the following new paragraph3 7#d7 ,notice relating to parental involvement and family wellness leave ,in any case in which an employee requests leave under paragraph 7#e7 of subsection 7a71 the employee shall-- 7,a7 provide the employer with not less than #g days' notice1 or 7if such notice is impracticable7 such notice as is practicable1 before the date the leave is to begin1 of the employee's intention to take leave under such paragraph2 and 7,b7 in the case of leave to be taken under subsection 7a77#e77;,a77ii71 make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employer1 subject to the approval of the health care provider involved 7if any74 4 7e7 ,certification ,section #ajc of such ,act 7#bi ,u4,s4,c4 #bfac7 is amended by adding at the end the following new subsection3 7g7 ,certification related to parental involvement and family wellness leave ,an employer may require that a request for leave under section #ajb7;a77#e7 be supported by a certification issued at such time and in such manner as the ,secretary may by regulation prescribe4 4 #e4 ,entitlement of ,federal employees to leave for parental involvement and family wellness 7a7 ,leave requirement ,section #fchb7;a7 of title #e1 ,united ,states ,code1 as amended by section #c7;b71 is further amended by adding at the end the following new paragraph3 7#e7 7,a7 ,subject to subparagraph 7,b7 and section #fchc7;f71 an employee shall be entitled to leave under this paragraph to-- 7i7 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 employee2 or 7ii7 meet routine family medical care needs 7including by attending medical and dental appointments of the employee or a son or daughter1 spouse1 or grandchild of the employee7 or to attend to the care needs of an elderly individual who is related to the employee through a relationship described in section #fchb7;a7 7including by making visits to nursing homes and group homes74 7,b7 7i7 ,an employee is entitled to-- 7,i7 not to exceed #d hours of leave under this paragraph during any #cj-;day period2 and 7,,ii7 not to exceed #bd hours of leave under this paragraph during any #ab-month period described in paragraph 7#d74 7ii7 ,leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection4 7,c7 ,for the purpose of this paragraph-- 7i7 the term community organization means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in section #fcha7f71 such as a scouting or sports organization2 and 7ii7 the term school means an elementary school or secondary school 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja771 a ,head ,start program assisted under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 and a child care facility licensed under ,state law4 4 7b7 ,schedule ,section #fchb7;b77#a7 of such title is amended-- 7#a7 by inserting after the third sentence the following new sentence3 ,subject to subsection 7e77#d7 and section #fchc7;f71 leave under subsection 7a77#e7 may be taken intermittently or on a reduced leave schedule42 and 7#b7 in the last sentence1 by striking involved1 and inserting involved 7or1 in the case of leave under subsection 7a77#e71 for purposes of the #cj-;day or #ab-month period involved714 7c7 ,substitution of paid leave ,section #fchb7;d7 of such title is amended-- 7#a7 by inserting 7#a7 after the subsection designation2 and 7#b7 by adding at the end the following3 7#b7 ,an employee may elect1 or an employer may require the employee1 to substitute for any part of the period of leave under subsection 7a77#e71 any of the employee's accrued or accumulated annual or sick leave under subchapter ,i4 ,if the employee elects or the employer requires the substitution of that accrued or accumulated annual or sick leave for leave under subsection 7a77#e71 the employing 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 subchapter4 4 7d7 ,notice ,section #fchb7;e7 of such title1 as amended by section #c7;b77#b71 is further amended by adding at the end the following new paragraph3 7#d7 ,in any case in which an employee requests leave under paragraph 7#e7 of subsection 7a71 the employee shall-- 7,a7 provide the employing agency with not less than #g days' notice1 or 7if such notice is impracticable7 such notice as is practicable1 before the date the leave is to begin1 of the employee's intention to take leave under such paragraph2 and 7,b7 in the case of leave to be taken under subsection 7a77#e77;,a77ii71 make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employing agency1 subject to the approval of the health care provider involved 7if any74 4 7e7 ,certification ,section #fchc7;f7 of such title is amended by striking paragraph 7#a77;,e7 or 7#c7 of and inserting paragraph 7#a77;,e71 7#c7 or 7#e7 of 4