HR 5397119th CongressIn Committee

HEALING Mothers and Fathers Act

Introduced: Sep 16, 2025

Sponsor: Rep. Hinson, Ashley [R-IA-2] (R-Iowa)

Healthcare

Standard Summary

Comprehensive overview in 1-2 paragraphs

The HEALING Mothers and Fathers Act expands the Family and Medical Leave Act (FMLA) in several ways. It creates a new protected leave category for the spontaneous loss of an unborn child (i.e., a stillbirth or loss of a pregnancy not caused by a deliberate act) for both employees and their spouses. The bill allows this leave to be taken intermittently or on a reduced schedule when medically necessary, and it permits substituting paid leave for this category of leave. It also adds notice and medical certification requirements to support leave requests. In addition, the measure extends these FMLA changes to federal (civil service) employees and introduces a refundable federal tax credit (36C) for families who experience a stillbirth. The changes apply to taxable years beginning after enactment. In short, the bill lowers barriers to taking time off after a spontaneous loss of an unborn child and provides a financial mechanism to assist families who experience stillbirth.

Key Points

1Definition and coverage: Establishes “spontaneous loss of an unborn child” as a qualifying condition for FMLA leave, applicable to the employee or the employee’s spouse.
2Scheduling flexibility: Leave for spontaneous loss may be taken intermittently or on a reduced schedule when medically necessary.
3Paid leave substitution: Allows paid leave to be substituted for this type of FMLA leave (adding new category G to the list of substitutable leave).
4Notice and certification: Employers may require certification from a health care provider, and employees must provide notice as reasonably practicable. Certification must cover specified information related to the spontaneous loss.
5Civil service extension and tax relief: Applies the same leave concept to federal employees (Title 5, U.S.C. provisions) and creates a refundable Stillbirth credit (36C) for eligible individuals, reducing tax liability for those who have suffered a stillbirth.

Impact Areas

Primary group/area affected: Private-sector employees and their spouses who experience a spontaneous loss of an unborn child; federal (civil service) employees likewise covered.Secondary group/area affected: Employers (HR/payroll systems, leave administration, and certification processes), health care providers who may issue certifications, and tax filers who have experienced stillbirth.Additional impacts: May influence employer-paid leave policies and benefits design; creates a new refundable tax credit (Stillbirth) for families, with administrative rules including Social Security number disclosure on tax returns. The effective date applies to taxable years beginning after enactment, so benefits would start in the year following enactment.FMLA is the federal law that lets employees take unpaid, job-protected leave for certain family and medical reasons. This bill adds a new reason: spontaneous loss of an unborn child.Intermittent or reduced schedule leave means the employee can take shorter or spaced-out periods off, rather than a full block of leave, if medically necessary.Certification and notice are standard features in FMLA, but this bill expands them to cover the new leave reason.Stillbirth tax credit is a new, refundable credit, meaning eligible families could receive a refund if the credit exceeds their tax liability. It requires a stillbirth certificate and specific SSN requirements.

Generated by gpt-5-nano on Oct 8, 2025