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Main Forums => Living With HIV => Topic started by: J.R.E. on August 10, 2010, 11:47:38 pm
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http://www.positivelyaware.com/2010/news_briefs/news_briefs_10_08_02.shtml#5
On July 30, Senator Dick Durbin (D-IL) introduced a bill (S.3680), known as the Family and Medical Leave Inclusion Act, to amend the Family and Medical Leave Act of 1993 (FMLA). The bill would 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 his statement to the Senate, Durbin said the bill would “extend the important protections of the Family and Medical Leave Act to same-sex couples in America. Under current law, it is impossible for many employees to be with their partners during times of medical need.”
The Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.3680: Can't seem to get this link up properly. I'll have to copy and paste
S 3680 IS
111th CONGRESS
2d Session
S. 3680
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 SENATE OF THE UNITED STATES
July 30, 2010
Mr. DURBIN 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 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.
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 `Family and Medical Leave Inclusion Act'.
SEC. 2. LEAVE TO CARE FOR A SAME-SEX SPOUSE, DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT.
(a) Definitions-
(1) 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.'.
(2) INCLUSION OF SAME-SEX SPOUSES- Section 101(13) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is amended by inserting `, and includes a same-sex spouse as determined under applicable State law' before the period.
(3) INCLUSION OF GRANDPARENTS, PARENTS-IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS- Section 101 of such Act (29 U.S.C. 2611) is further amended by adding at the end the following:
`(20) 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 partner registry or civil union law of the State or political subdivision of a State where the employee 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, personal (as defined in regulations issued by the Secretary) relationship with the employee, who 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) GRANDCHILD- The term `grandchild', used with respect to an employee, means any person who is a son or daughter of a son or daughter of the employee.
`(22) GRANDPARENT- The term `grandparent', used with respect to an employee, means a parent of a parent of the employee.
`(23) PARENT-IN-LAW- The term `parent-in-law', used with respect to an employee, means a parent of the spouse or domestic partner of the employee.
`(24) SIBLING- The term `sibling', used with respect to an employee, means any person who is a son or daughter of the employee's parent.
`(25) SON-IN-LAW OR DAUGHTER-IN-LAW- The term `son-in-law or daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.'.
(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)(1)--
(A) 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, daughter, parent, parent-in-law, grandparent, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling'; and
(B) in subparagraph (E), by striking `spouse, or a son, daughter, or parent' and inserting `spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling,';
(2) in subsection (a)(3), by striking `spouse, son, daughter, parent,' and inserting `spouse or domestic partner, son, daughter, parent, son-in-law or daughter-in-law, grandchild, sibling,'; and
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking `spouse, parent,' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, sibling,'; and
(B) in paragraph (3), by striking `spouse, or a son, daughter, or parent,' and inserting `spouse or domestic partner, or a son, daughter, 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 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)--
(A) in paragraph (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, grandparent, 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'; and
(B) in paragraph (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 sibling'.
SEC. 3. FEDERAL EMPLOYEES.
(a) Definitions-
(1) INCLUSION OF ADULT CHILDREN AND CHILDREN 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
(B) by striking `who is--' and all that follows and inserting `and includes an adult child.'.
(2) INCLUSION OF GRANDPARENTS, PARENTS-IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS- Section 6381 of such title is further amended--
(A) in paragraph (11)(B), 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 `domestic partner', used with respect to an employee, means--
`(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union law of the State or political subdivision of a State where the employee 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, personal (as defined in regulations issued by the Secretary) relationship with the employee, who 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;
`(14) the term `grandchild', used with respect to an employee, means any person who is a son or daughter of a son or daughter of the employee;
`(15) the term `grandparent', used with respect to an employee, means a parent of a parent of the employee;
`(16) the term `parent-in-law', used with respect to an employee, means a parent of the spouse or domestic partner of the employee;
`(17) the term `sibling', used with respect to an employee, means any person who is a son or daughter of the employee's parent;
`(18) the term `son-in-law or daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee; and
`(19) the term `spouse', used with respect to an employee, includes a same-sex spouse as determined under applicable State law.'.
(b) Leave Requirement- Section 6382 of title 5, United States Code, is amended--
(1) in subsection (a)(1)--
(A) 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, daughter, parent, parent-in-law, grandparent, or sibling, of the employee, if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling'; and
(B) in subparagraph (E), by striking `spouse, or a son, daughter, or parent' and inserting `spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling,';
(2) in subsection (a)(3), by striking `spouse, son, daughter, parent,' and inserting `spouse or domestic partner, son, daughter, parent, son-in-law or daughter-in-law, grandchild, sibling,'; and
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking `spouse, parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, sibling'; and
(B) in paragraph (3), by striking `spouse, or a son, daughter, or parent,' and inserting `spouse or domestic partner, or a son, daughter, 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, grandparent, 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'.
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Ray
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Good step.
Of course, recognizing same sex marriage, by repealing the federal DOMA, wouldn't require any other laws to be changed. There are over 1000 federal benefits granted to married couples, including FMLA to take care of spouses.
http://www.positivelyaware.com/2010/news_briefs/news_briefs_10_08_02.shtml#5
On July 30, Senator Dick Durbin (D-IL) introduced a bill (S.3680), known as the Family and Medical Leave Inclusion Act, to amend the Family and Medical Leave Act of 1993 (FMLA). The bill would 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 his statement to the Senate, Durbin said the bill would “extend the important protections of the Family and Medical Leave Act to same-sex couples in America. Under current law, it is impossible for many employees to be with their partners during times of medical need.”
The Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.3680: Can't seem to get this link up properly. I'll have to copy and paste
S 3680 IS
111th CONGRESS
2d Session
S. 3680
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 SENATE OF THE UNITED STATES
July 30, 2010
Mr. DURBIN 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 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.
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 `Family and Medical Leave Inclusion Act'.
SEC. 2. LEAVE TO CARE FOR A SAME-SEX SPOUSE, DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT.
(a) Definitions-
(1) 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.'.
(2) INCLUSION OF SAME-SEX SPOUSES- Section 101(13) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is amended by inserting `, and includes a same-sex spouse as determined under applicable State law' before the period.
(3) INCLUSION OF GRANDPARENTS, PARENTS-IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS- Section 101 of such Act (29 U.S.C. 2611) is further amended by adding at the end the following:
`(20) 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 partner registry or civil union law of the State or political subdivision of a State where the employee 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, personal (as defined in regulations issued by the Secretary) relationship with the employee, who 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) GRANDCHILD- The term `grandchild', used with respect to an employee, means any person who is a son or daughter of a son or daughter of the employee.
`(22) GRANDPARENT- The term `grandparent', used with respect to an employee, means a parent of a parent of the employee.
`(23) PARENT-IN-LAW- The term `parent-in-law', used with respect to an employee, means a parent of the spouse or domestic partner of the employee.
`(24) SIBLING- The term `sibling', used with respect to an employee, means any person who is a son or daughter of the employee's parent.
`(25) SON-IN-LAW OR DAUGHTER-IN-LAW- The term `son-in-law or daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.'.
(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)(1)--
(A) 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, daughter, parent, parent-in-law, grandparent, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling'; and
(B) in subparagraph (E), by striking `spouse, or a son, daughter, or parent' and inserting `spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling,';
(2) in subsection (a)(3), by striking `spouse, son, daughter, parent,' and inserting `spouse or domestic partner, son, daughter, parent, son-in-law or daughter-in-law, grandchild, sibling,'; and
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking `spouse, parent,' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, sibling,'; and
(B) in paragraph (3), by striking `spouse, or a son, daughter, or parent,' and inserting `spouse or domestic partner, or a son, daughter, 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 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)--
(A) in paragraph (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, grandparent, 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'; and
(B) in paragraph (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 sibling'.
SEC. 3. FEDERAL EMPLOYEES.
(a) Definitions-
(1) INCLUSION OF ADULT CHILDREN AND CHILDREN 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
(B) by striking `who is--' and all that follows and inserting `and includes an adult child.'.
(2) INCLUSION OF GRANDPARENTS, PARENTS-IN-LAW, SIBLINGS, AND DOMESTIC PARTNERS- Section 6381 of such title is further amended--
(A) in paragraph (11)(B), 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 `domestic partner', used with respect to an employee, means--
`(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union law of the State or political subdivision of a State where the employee 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, personal (as defined in regulations issued by the Secretary) relationship with the employee, who 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;
`(14) the term `grandchild', used with respect to an employee, means any person who is a son or daughter of a son or daughter of the employee;
`(15) the term `grandparent', used with respect to an employee, means a parent of a parent of the employee;
`(16) the term `parent-in-law', used with respect to an employee, means a parent of the spouse or domestic partner of the employee;
`(17) the term `sibling', used with respect to an employee, means any person who is a son or daughter of the employee's parent;
`(18) the term `son-in-law or daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee; and
`(19) the term `spouse', used with respect to an employee, includes a same-sex spouse as determined under applicable State law.'.
(b) Leave Requirement- Section 6382 of title 5, United States Code, is amended--
(1) in subsection (a)(1)--
(A) 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, daughter, parent, parent-in-law, grandparent, or sibling, of the employee, if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling'; and
(B) in subparagraph (E), by striking `spouse, or a son, daughter, or parent' and inserting `spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling,';
(2) in subsection (a)(3), by striking `spouse, son, daughter, parent,' and inserting `spouse or domestic partner, son, daughter, parent, son-in-law or daughter-in-law, grandchild, sibling,'; and
(3) in subsection (e)--
(A) in paragraph (2)(A), by striking `spouse, parent' and inserting `spouse, domestic partner, parent, parent-in-law, grandparent, sibling'; and
(B) in paragraph (3), by striking `spouse, or a son, daughter, or parent,' and inserting `spouse or domestic partner, or a son, daughter, 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, grandparent, 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'.
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Ray
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Senator Durbin is in the hospital now (unless he's been released) where he had a stomach tumor removed. Maybe his illness caused him to think about the issue more--although I doubt he needed any reminding.