S. 437

119 S437 IS: Caring for All Families Act
 U.S. Senate
 2025-02-05
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 437  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.
1.
Short title
This Act may be cited as the   Caring for All Families Act   .
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, .
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 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 .
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.
 .
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  .