HEALING Mothers and Fathers Act
The HEALING Mothers and Fathers Act would expand the Family and Medical Leave Act (FMLA) to explicitly provide job-protected leave for the spontaneous loss of an unborn child (miscarriage) for employees or their spouses. It defines spontaneous loss of an unborn child, adds a new leave category (G) to the FMLA, allows intermittent or reduced leave when medically necessary, and lets paid leave be used to substitute for unpaid FMLA leave in this category. The bill also requires notice and certification similar to other FMLA leave. In addition, the bill extends the same protections to federal civil service employees through Title 5, and creates a new refundable individual tax credit for stillbirths (Sec. 36C) to help families financially by mirroring the existing child-related tax credit framework. The overall aim is to provide clearer, more flexible leave and financial support for families affected by miscarriage or stillbirth.
Key Points
- 1Creates a new FMLA category: “spontaneous loss of an unborn child” for both the employee and the employee’s spouse, expanding eligibility beyond existing FMLA grounds.
- 2Intermittent or reduced schedule leave allowed: Leave under the new category may be taken intermittently or on a reduced schedule when medically necessary.
- 3Paid leave can substitute for unpaid FMLA leave: The bill adds the new category to the list of leave that may be substituted with paid leave.
- 4Notice and certification requirements: Employees must provide reasonable notice to employers, and employers may require health-care-provider certification for leave under this new category.
- 5Federal employees covered: The same spontaneous-loss leave framework is extended to civil service employees under Title 5, with corresponding notice and certification procedures.
- 6Stillbirth tax credit: Introduces a new refundable credit (Section 36C) for individuals who suffer a stillbirth, equal to the current dollar amount of the child-related tax credit, subject to SSN and other normal tax-credit rules.
- 7Effective date: The tax credit applies to taxable years beginning after enactment; FMLA changes apply as likely implemented under law (consistent with standard FMLA amendments when enacted).