[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 437
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 activities or meet family care needs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2025
Mr. Durbin (for himself, Mr. Hickenlooper, Mrs. Gillibrand, Mr.
Merkley, Mr. Blumenthal, Mr. Welch, Ms. Smith, Mrs. Murray, Mr.
Padilla, and Ms. Duckworth) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
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 grandchildren's educational and
extracurricular activities or meet family care needs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring for All Families 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 ANOTHER RELATED
INDIVIDUAL.
(a) Definitions.--
(1) Inclusion of related individuals.--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:
``(20) Any other individual whose close association is the
equivalent of a family relationship.--The term `any other
individual whose close association is the equivalent of a
family relationship', used with respect to an employee or a
covered servicemember, means any person with whom the employee
or covered servicemember, as the case may be, has a significant
personal bond that is or is like a family relationship,
regardless of biological or legal relationship.
``(21) Domestic partner.--The term `domestic partner', used
with respect to an employee or a covered servicemember, means--
``(A) the person recognized as the domestic partner
of the employee or covered servicemember under any
domestic partnership or civil union law of a State or
political subdivision of a State; or
``(B) in the case of an unmarried employee or
covered servicemember, an unmarried adult person who is
in a committed, personal relationship with the employee
or covered servicemember, is not a domestic partner as
described in subparagraph (A) to or in such a
relationship with any other person, and who is
designated to the employer by such employee or covered
service member as the domestic partner of that employee
or covered servicemember.
``(22) Grandchild.--The term `grandchild', used with
respect to an employee or a covered servicemember, means the
son or daughter of a son or daughter of the employee or covered
service member.
``(23) Grandparent.--The term `grandparent', used with
respect to an employee or a covered servicemember, means a
parent of a parent of the employee or covered service member.
``(24) Nephew; niece.--The terms `nephew' and `niece', used
with respect to an employee or a covered servicemember, mean a
son or daughter of the sibling of the employee or covered
service member.
``(25) Parent-in-law.-- The term `parent-in-law', used with
respect to an employee or a covered servicemember, means a
parent of the spouse or domestic partner of the employee or
covered service member.
``(26) Sibling.--The term `sibling', used with respect to
an employee or a covered servicemember, means any person who is
a son or daughter of parent of the employee or covered service
member (other than the employee or covered servicemember).
``(27) Son-in-law; daughter-in-law.--The terms `son-in-law'
and `daughter-in-law', used with respect to an employee or a
covered servicemember, mean any person who is a spouse or
domestic partner of a son or daughter, as the case may be, of
the employee or covered service member.
``(28) Uncle; aunt.--The terms `uncle' and `aunt', used
with respect to an employee or a covered servicemember, mean
the son or daughter, as the case may be, of the grandparent of
the employee or covered servicemember (other than the parent of
the employee or covered service member).''.
(2) Inclusion of adult children and children 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.''.
(b) Leave Requirement.--Section 102 of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``spouse, or a son, daughter, or parent, of the
employee, if such spouse, son, daughter, or
parent'' and inserting ``spouse or domestic
partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or
any other individual whose close association is
the equivalent of a family relationship with
the employee, if such spouse, domestic partner,
son or daughter, son-in-law or daughter-in-law,
parent, parent-in-law, grandparent, grandchild,
sibling, uncle or aunt, or nephew or niece, or
such other individual''; and
(ii) in subparagraph (E), by striking
``spouse, or a son, daughter, or parent of the
employee'' and inserting ``spouse or domestic
partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law,
grandchild, sibling, uncle or aunt, or nephew
or niece of the employee, or any other
individual 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 covered
servicemember'' and inserting ``spouse or domestic
partner, son or daughter, son-in-law or daughter-in-
law, parent, parent-in-law, grandparent, sibling, uncle
or aunt, nephew or niece, or next of kin of a covered
servicemember, or any other individual whose close
association is the equivalent of a family relationship
with the covered servicemember'';
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``son,
daughter, spouse, parent, or covered servicemember of
the employee, as appropriate'' and inserting ``son or
daughter, son-in-law or daughter-in-law, spouse or
domestic partner, parent, parent-in-law, grandparent,
grandchild, sibling, uncle or aunt, nephew or niece, or
covered servicemember of the employee, or any other
individual whose close association is the equivalent of
a family relationship with the employee, as
appropriate''; and
(B) in paragraph (3), by striking ``spouse, or a
son, daughter, or parent, of the employee'' and
inserting ``spouse or domestic partner, or a son or
daughter, son-in-law or daughter-in-law, parent,
parent-in-law, grandchild, sibling, uncle or aunt, or
nephew or niece of the employee, or any other
individual whose close association is the equivalent of
a family relationship with the employee, as
appropriate,''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``, or domestic partners,''
after ``husband and wife''; and
(ii) in subparagraph (B), by inserting ``or
parent-in-law'' after ``parent''; and
(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 amended--
(1) in subsection (a), by striking ``son, daughter, 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 inserting ``son or daughter, son-in-law or
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 whose close association is the
equivalent of a family relationship with the employee, 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 needed to care for
the son, daughter, spouse, or parent'' and inserting
``son or daughter, son-in-law or 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
individual 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 needed to care for such son or
daughter, son-in-law or 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 recovery,'' and inserting ``son
or daughter, son-in-law or daughter-in-law, spouse or
domestic partner, parent, parent-in-law, grandparent,
grandchild, sibling, uncle or aunt, or nephew or niece,
with a serious health condition, of the employee, or an
individual, with a serious health condition, who is any
other individual whose close association is the
equivalent of a family relationship with the employee,
as appropriate, or will assist in the recovery,''.
(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 appropriate,'' and
inserting ``son or daughter, son-in-law or 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 individual whose close association is
the equivalent of a family relationship with the employee, as
appropriate,''; and
(2) in subparagraph (C)(ii), by striking ``son, daughter,
spouse, or parent'' and inserting ``employee's son or daughter,
son-in-law or 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 whose close association is the equivalent
of a family relationship, as appropriate,''.
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 ANOTHER 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 whose close
association is the equivalent of a family relationship.--
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 period and
inserting a semicolon; and
(C) by adding at the end the following:
``(13) the term `any other individual whose close
association is the equivalent of a family relationship', used
with respect to an employee or a covered servicemember, means
any person with whom the employee or covered servicemember, as
the case may be, has a significant personal bond that is or is
like a family relationship, regardless of biological or legal
relationship;
``(14) the term `domestic partner', used with respect to an
employee or a covered servicemember, means--
``(A) the person recognized as the domestic partner
of the employee or covered servicemember under any
domestic partnership or civil union law of a State or
political subdivision of a State; or
``(B) in the case of an unmarried employee or
covered servicemember, an unmarried adult person who is
in a committed, personal relationship with the employee
or covered servicemember, is not a domestic partner as
described in subparagraph (A) to or in such a
relationship with any other person, and who is
designated to the employing agency by such employee or
covered service member as the domestic partner of that
employee or covered servicemember;
``(15) the term `grandchild', used with respect to an
employee or a covered servicemember, means the son or daughter
of a son or daughter of the employee or covered service member;
``(16) the term `grandparent', used with respect to an
employee or a covered servicemember, means a parent of a parent
of the employee or covered service member;
``(17) the terms `nephew' and `niece', used with respect to
an employee or a covered servicemember, mean a son or daughter
of the sibling of the employee or covered service member;
``(18) the term `parent-in-law', used with respect to an
employee or a covered servicemember, means a parent of the
spouse or domestic partner of the employee or covered service
member;
``(19) the term `sibling', used with respect to an employee
or a covered servicemember, means any person who is a son or
daughter of parent of the employee or covered service member
(other than the employee or covered servicemember);
``(20) the terms `son-in-law' and `daughter-in-law', used
with respect to an employee or a covered servicemember, mean
any person who is a spouse or domestic partner of a son or
daughter, as the case may be, of the employee or covered
service member;
``(21) the term `State' has the same meaning given the term
in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203); and
``(22) terms `uncle' and `aunt', used with respect to an
employee or a covered servicemember, mean the son or daughter,
as the case may be, of the grandparent of the employee or
covered servicemember (other than the parent of the employee or
covered service member).''.
(2) Inclusion of adult children and children 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)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``spouse, or a son, daughter, or parent, of the
employee, if such spouse, son, daughter, or
parent'' and inserting ``spouse or domestic
partner, or a son or daughter, son-in-law or
daughter-in-law, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or
aunt, or nephew or niece of the employee, or
any other individual whose close association
with the employee is the equivalent of a family
relationship, if