Definitions

In this Act: (1) Caregiving hour (A) In general The term caregiving hour means, with respect to an individual, a 1-hour period during which the individual engaged in qualified caregiving. (B) Limitations With respect to any benefit period, an individual may not exceed a number of caregiving hours equal to 12 times the number of hours in a regular workweek of the individual (as determined under subparagraph (C)). (C) Number of hours in a regular workweek For purposes of this Act, the number of hours in a regular workweek of an individual shall be the number of hours that the individual regularly works in a week for all employers or as a self-employed individual (or regularly worked in the case of an individual who is no longer working or whose total weekly hours of work have been reduced) during the month before the individual’s benefit period begins (or prior to such month, if applicable in the case of an individual who is no longer working or whose total weekly hours of work have been reduced). (2) Commissioner The term Commissioner means the Commissioner of Social Security. (3) Deputy Commissioner The term Deputy Commissioner means the Deputy Commissioner who heads the Office of Paid Family and Medical Leave established under section 3(a). (4) Eligible individual 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. (5) National average wage index 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)). (6) Qualified caregiving (A) In general The term qualified caregiving means any activity engaged in by an individual, other than regular employment, for a qualifying reason. (B) Qualifying reason (i) In general For purposes of subparagraph (A), the term qualifying reason means any of the following reasons for taking leave: (I) 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)). (II) In order to care for a qualified family member of the individual, if such qualified family member has a serious health condition. (III) Because of a serious health condition that makes the individual unable to perform the services required under the terms of their regular employment. (IV) Because the individual, or a qualified family member, is a victim of family violence or a qualifying act of violence, if the leave is for the individual to do any of the following or to assist the individual’s qualified family member to, as a result of such violence, do any of the following: (aa) Seek, receive, or secure counseling. (bb) Seek or secure temporary or permanent relocation or take steps to secure an existing home. (cc) Seek, receive, or follow up on assistance from a victim services organization or agency providing services to victims. (dd) Seek legal assistance or attend legal proceedings, including preparation for or participation in any related administrative, civil, or criminal legal proceedings or other related activities. (ee) Seek medical attention for physical or psychological injury or disability caused or aggravated by the qualifying act of violence. (ff) Enroll in a new school or care arrangement. (gg) Take other steps necessary to protect or restore their physical, mental, emotional, spiritual, and economic well-being or the well-being of a qualified family member recovering from a qualifying act of violence. (ii) Qualified family member; serious health condition In this subparagraph: (I) Qualified family member The term qualified family member means, with respect to an individual— (aa) 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; (bb) a child (regardless of age) or a child’s spouse; (cc) a parent or a parent’s spouse; (dd) a sibling or a sibling’s spouse; (ee) a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and (ff) any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship. (II) Serious health condition 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)). (iii) Treatment of individuals covered by legacy State comprehensive paid leave program (I) In general 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)). (II) Unemployed 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). (C) Other definitions For purposes of this paragraph: (i) Child 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. (ii) Domestic partner (I) In general The term domestic partner, with respect to an individual, means another individual with whom the individual is in a committed relationship. (II) Committed relationship defined 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. (iii) Dating violence The term dating 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)). (iv) Domestic violence 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 funding shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. (v) Parent 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. (vi) Qualifying act of violence The term qualifying act of violence means an act, conduct, or pattern of conduct that could constitute any of the following: (I) Dating violence. (II) Domestic violence. (III) Family violence. (IV) Sexual assault. (V) Sex trafficking. (VI) Stalking. (VII) Other forms of gender-based violence or harassment. (VIII) An act, conduct, or pattern of conduct— (aa) in which an individual causes or threatens to cause bodily injury or death to another individual; (bb) in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or (cc) in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause bodily injury or death. (vii) Sexual assault 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)). (viii) Sex trafficking The term sex trafficking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). (ix) Spouse 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. (x) Stalking 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)). (xi) Victim services organization The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of qualifying acts of violence or advocates for such victims, including— (I) a rape crisis center; (II) an organization carrying out a prevention or treatment program for qualifying acts of violence; (III) an organization operating a shelter or providing counseling services; and (IV) a legal services organization or other organization providing assistance through the legal process. (7) Self-employment income 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)). (8) State The term State means any State of the United States or the District of Columbia or any territory or possession of the United States. (9) Wages 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— (A) compensation, as defined in section 3231(e) of such Code for purposes of the Railroad Retirement Tax Act; and (B) unemployment compensation, as defined in section 85(b) of such Code.