Cotton, Colleagues Introduce Legislation to Provide Parental Leave and Compensation for Miscarriages and Stillbirths

Washington, DC — Senators Tom Cotton (R-Arkansas), Kevin Cramer (R-North Dakota), Cindy Hyde-Smith (R-Mississippi), and Jim Risch (R-Idaho) today introduced the Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act, or HEALING Mothers and Fathers Act, to amend the Family and Medical Leave Act (FMLA) to include the spontaneous loss of an unborn child as a qualifying medical condition for FMLA leave. The bill would also establish a tax credit for a woman that suffers the loss of a child in the womb.

“This bill will make sure families receive the resources they need to help recover from the unexpected loss of a child. No amount of money can replace such a loss, but the legislation will make sure parents have time to begin the recovery process,” said Senator Cotton.

“It has taken policymakers too long to recognize that parents should be allowed time to heal following a miscarriage or stillbirth. The loss of a child is devastating and heartbreaking for families, and this legislation formally acknowledges their need for time following such a loss,” Senator Hyde-Smith said.

The HEALING Mothers and Fathers Act mirrors a similar bill in Arkansas introduced by State Representative Les Eaves called Paisley’s Law, named in honor of his late granddaughter, Paisley.

Bill text is here.

The HEALING Mothers and Fathers Act would:

  • Amend the FMLA to include spontaneous loss of an unborn child as a qualified medical condition for FMLA leave and civil service employee leave.
    • Women and their spouses would be entitled to take up to 12 work weeks of unpaid leave in a 12-month period for loss of an unborn child.
    • Spontaneous loss of an unborn child is defined in the bill as ‘the loss of a child in the womb that is unplanned and not resulting from a purposeful act.’
    • All requirements related to certification, notice, flexibility and leave substitution are consistent with current standards for claiming FMLA leave.
  • Establish refundable tax credit for any mother, or couple, who suffers a stillbirth.
    • Stillbirth is defined as “the delivery of a child where there was a spontaneous death, not induced by any purposeful act, before the complete delivery from the child’s mother.”
    • A family would be eligible for the tax credit if a stillbirth certificate, under applicable state law, has been issued for the child.
    • These funds could not be used for any abortion procedure

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