S. 437 — Caring for All Families Act

This section expands the Family and Medical Leave Act of 1993 (FMLA) by adding definitions in 29 U.S.C. 2611 for domestic partner (i.e., state-recognized partner or designated committed unmarried partner), grandparent, grandchild, sibling, parent-in-law, son-in-law, daughter-in-law, nephew, niece, uncle, aunt, and any other individual whose close association is equivalent to a family relationship (i.e., significant personal bond like family, regardless of biology or law). It further revises the FMLA definition of son or daughter to include a child of an individual's domestic partner and any adult child. The section amends FMLA leave requirements in 29 U.S.C. 2612 to permit eligible employees to use unpaid, job-protected leave for (1) the serious health condition of these expanded family members; (2) qualifying exigency leave arising from a covered servicemember's active duty or call to duty; and (3) care of a covered servicemember with a serious injury or illness, including next of kin or equivalent family relationships for servicemembers. (Thus, FMLA covers more extended family and chosen relationships beyond current spouse, child, parent.)

This section expands family and medical leave entitlements for federal civilian employees by revising definitions in 5 U.S.C. § 6381 and leave requirements in § 6382. Specifically, it (1) adds definitions for domestic partner (i.e., person in a committed relationship recognized under state law or designated by the employee), son-in-law, daughter-in-law, parent-in-law, grandparent, grandchild, sibling, uncle, aunt, nephew, niece, and any individual whose close association is equivalent to a family relationship; (2) amends the definition of son or daughter to include adult children and children of a domestic partner; and (3) authorizes up to 12 weeks of unpaid leave per year to care for these additional family members (or covered servicemembers) in cases of serious health condition, birth or placement for adoption/foster care, military exigency, or servicemember care. (As background, these provisions implement the Family and Medical Leave Act of 1993 for federal civilian employees, excluding certain elected officials and policymaking appointees.)

This section amends the Family and Medical Leave Act of 1993 (FMLA) to establish a new entitlement to unpaid leave—up to 4 hours in any 30-day period and 24 hours in any 12-month period—for eligible employees to (1) participate in or attend school or community organization activities related to a program attended by their son, daughter, or grandchild or (2) address routine family medical or dental care needs (including appointments for the employee, son or daughter, spouse or domestic partner, or grandchild) or care needs of an elderly relative or equivalent family member (including nursing home or group home visits). The leave is in addition to other FMLA entitlements (generally 12 weeks per year), may be taken intermittently or on a reduced schedule, permits substitution of accrued paid vacation, personal, family, medical, or sick leave (without new requirements on employers to provide such paid leave), requires 7 days' notice (or practicable notice) with efforts to minimize workplace disruption for medical care, and allows employer-required certification as prescribed by regulation. It defines relevant terms, including school (i.e., elementary or secondary school per the Elementary and Secondary Education Act of 1965, Head Start programs, or state-licensed child care facilities) and community organization (i.e., private nonprofit groups like scouting or sports organizations serving children or families).

This section establishes under 5 U.S.C. §6382(a)(5) a new entitlement for federal employees to up to 4 hours of leave in any 30-day period (not to exceed 24 hours in any 12-month period) to (1) participate in or attend an activity sponsored by a school or community organization (i.e., private nonprofit representative of a community providing activities such as scouting or sports for children) relating to a program attended by the employee's son, daughter, or grandchild, where school includes an elementary or secondary school (as defined in 20 U.S.C. §7801), Head Start program, or state-licensed child care facility; or (2) meet routine family medical care needs (including medical and dental appointments for the employee, son or daughter, spouse or domestic partner, or grandchild) or attend to care needs of an elderly individual or equivalent family relationship (including visits to nursing homes or group homes). Such leave is in addition to other leave entitlements under §6382(a). This section further (1) authorizes intermittent or reduced schedule use of such leave (subject to notice and certification rules); (2) permits employees to elect substitution of accrued annual or sick leave without agency restrictions beyond subchapter standards; (3) requires 7 days' notice (or practicable notice) of intent to use such leave and reasonable efforts to schedule medical care to minimize agency disruption; and (4) applies certification requirements under §6383(f) to such leave.