FOR IMMEDIATE RELEASE
Contact: James Arnold or Mary Collins Atkinson (202) 224-2353
November 18, 2021 

Cotton, Hinson Introduce Bill to Provide Parental Leave and Compensation for Miscarriages and Stillbirths

Washington, D.C. — Senator Tom Cotton (R-Arkansas) and Representative Ashley Hinson (R-Iowa) today introduced the Helping with Equal Access to Leave and Investing in Needs for Grieving for 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. More information about the bill may be found here. Bill text may be found here.

“No amount of money can heal the unexpected loss of a child, but parents must be given time to mourn. Our bill will ensure families are given the resources and support they need to recover,” said Cotton.

“Expecting parents who endure a stillbirth, the loss of a baby after 20 weeks or more through a pregnancy, should be able to mourn their baby without the added stress of expensive medical bills. Our legislation will give families the time and resources to help them through this unimaginable loss,” said Hinson.

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, which was signed into law earlier this year.

The Susan B. Anthony List and National Right to Life Committee support this bill.

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 a $3,600 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
  • Prohibit Title X funds from going to abortion providers.

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