[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 789 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 789
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 HOUSE OF REPRESENTATIVES
February 2, 2023
Mrs. Hayes (for herself, Ms. Lee of California, Ms. Norton, Mr. Evans,
Mr. Pocan, Ms. Lois Frankel of Florida, Ms. Tokuda, Ms. Budzinski, Ms.
Underwood, and Ms. Bush) introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in
addition to the Committees on Oversight and Accountability, 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 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, 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.
``(21) Domestic partner.--The term `domestic partner', used
with respect 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 political subdivision of a
State; or
``(B) in the case of an unmarried employee, an
unmarried adult person who is in a committed, personal
relationship with the employee, 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 as that
employee's domestic partner.
``(22) Grandchild.--The term `grandchild' means the son or
daughter of an employee's son or daughter.
``(23) Grandparent.--The term `grandparent' means a parent
of a parent of an employee.
``(24) Nephew; niece.--The terms `nephew' and `niece', used
with respect to an employee, mean a son or daughter of the
employee's sibling.
``(25) Parent-in-law.-- The term `parent-in-law' means a
parent of the spouse or domestic partner of an employee.
``(26) Sibling.--The term `sibling' means any person who is
a son or daughter of an employee's parent (other than the
employee).
``(27) Son-in-law; daughter-in-law.--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.
``(28) Uncle; aunt.--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 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, 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;
``(14) the term `domestic partner', used with respect 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 political subdivision of a
State; or
``(B) in the case of an unmarried employee, an
unmarried adult person who is in a committed, personal
relationship with the employee, 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;
``(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 Standards 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 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 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''; and
(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,''.
(c) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (a), 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 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 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''.
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 amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following 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 eligible 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 organization 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 appointments of the employee or a son or
daughter, spouse or domestic partner, or
grandchild of the employee) or attend to the
care needs of an elderly individual who is any
other individual whose close association is the
equivalent of a family relationship with the
employee (including by making visits to nursing
homes or group homes).
``(B) Limitations.--
``(i) In general.--An eligible employee
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 paragraph
(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 paragraph:
``(i) 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 101(12), such
as a scouting or sports organization.
``(ii) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 8101 of the
Elementary and Secondary 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 subsection (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 employee 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 part of the period of leave
under subsection (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
employer 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 subsection (a)(5),
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 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 involvement 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 impracticable) 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
subsection (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 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 following new subsection:
``(g) Certification Related to Parental Involvement and Family
Wellness Leave.--An employer 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 regulation 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 further amended by adding at the
end the following new paragraph:
``(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 organization 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 appointments of the employee or a
son or daughter, spouse or domestic partner, or grandchild of
the employee) or to attend to the care needs of an elderly
individual who is any other individual whose close association
is the equivalent of a family relationship with the employee
(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 community and provides activities
for individuals described 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 defined in section 8101 of
the Elementary and Secondary 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 6382(b)(1) of such title is amended--
(1) by inserting after the third sentence the following 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 by adding at the end the following:
``(3) An employee may elect to substitute for any part of the
period of leave under subsection (a)(5), any of the employee's accrued
or accumulated annual or sick leave. If the employee elects the
substitution of that accrued or accumulated annual or sick leave for
leave under subsection (a)(5), 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 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 impracticable) 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 subsection
(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 agency, subject to the approval of
the health care provider involved (if any).''.
(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''.
<all>