Sec. 2. Definitions
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In this Act, the following definitions apply: The term caregiving day means, with respect to an individual, a calendar day in which the individual engaged in qualified caregiving. An individual may not exceed— with respect to any month, 20 caregiving days; or with respect to any benefit period, 60 caregiving days. The term Commissioner means the Commissioner of Social Security. The term Deputy Commissioner means the Deputy Commissioner who heads the Office of Paid Family and Medical Leave established under section 3(a).
The term eligible individual means an individual who is entitled to a benefit under section 4 for a particular month, upon filing an application for such benefit for such month. The term qualified caregiving means any activity engaged in by an individual, other than regular employment, for a qualifying reason. For purposes of subparagraph (A), the term qualifying reason means any of the following reasons for taking leave: Any reason for which an eligible employee would be entitled to leave under subparagraph (A), (B), or
(E)of paragraph
(1)of section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ). In order to care for a qualified family member of the individual, if such qualified family member has a serious health condition. Because of a serious health condition that makes the individual unable to perform the services required under the terms of their regular employment. In order to, as a result of domestic violence, sexual assault, or stalking— seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; obtain or assist a related person described in item
(aa)in obtaining services from a victim services organization; obtain or assist a related person described in item
(aa)in obtaining psychological or other counseling; seek relocation; or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. In this subparagraph: The term qualified family member means, which respect to an individual— a spouse (including a domestic partner in a civil union or other registered domestic partnership recognized by a State) or a parent of such spouse; a child (regardless of age) or a child’s spouse; a parent or a parent’s spouse; a sibling or a sibling’s spouse; a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship. The term serious health condition has the meaning given such term in section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) ). For purposes of clause (i)(IV): The term child means, regardless of age, a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis. The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. The term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. Such term also includes dating violence , as that term is defined in such section. The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). The term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. For purposes of subparagraph (A), an activity engaged in by an individual shall not be considered as other than regular employment if, for the time during which the individual was so engaged, the individual is taking leave from covered employment under the law of a legacy State (as defined in section 4(c)). In the case of an individual who is no longer employed, such individual shall be treated, for purposes of clause (i), as taking leave from covered employment under the law of a legacy State (as so defined) with respect to the portion of the time during which the individual was engaged in an activity for a qualifying reason corresponding to the share of the individual’s workweek that was in covered employment under the law of a legacy State (as so defined). The term national average wage index has the meaning given such term in section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) ). The term self-employment income has the same meaning as such term in section 211(b) of such Act ( 42 U.S.C. 411(b) ). The term State means any State of the United States or the District of Columbia or any territory or possession of the United States. The term wages has the meaning given such term in section 3121(a) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by sections 3101(b) and 3111(b) of such Code (without regard to section 3121(u)(2)(C) of such Code), except that such term also includes— compensation, as defined in section 3231(e) of such Code for purposes of the Railroad Retirement Tax Act; and unemployment compensation, as defined in section 85(b) of such Code.
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