HEALING Mothers and Fathers Act
Sponsored By: Senator Tom Cotton
Introduced
Summary
Creates job-protected leave for employees who suffer a spontaneous loss of an unborn child. It would add that event as a new reason under the Family and Medical Leave Act for private-sector and federal workers and would allow intermittent or reduced-schedule leave when medically necessary. It also would create a refundable stillbirth tax credit tied to the dollar amount of the child tax credit and effective for tax years after enactment.
Show full summary
- Families: Parents who experience a stillbirth could claim a refundable "stillbirth" tax credit equal to the child tax credit amount. Claimants must include a Social Security Number and have a state-issued stillbirth birth certificate.
- Private-sector employees and employers: Eligible employees could take FMLA leave for a spontaneous loss of an unborn child. Employers could require reasonable and practicable notice and medical certification with specified information, and existing rules would allow substitution of paid leave and intermittent or reduced schedules when medically necessary.
- Federal employees: Federal civilian workers would receive the same leave entitlement, notice, and certification standards under federal leave law so they have parallel protections.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Refundable stillbirth tax credit
If enacted, you would be able to claim a refundable tax credit for a stillbirth in the taxable year. The credit would equal the dollar amount set in IRC section 24(a) for that year. To claim it, a state‑issued certificate of birth resulting in stillbirth must exist. You must include a Social Security number on the return; one spouse's SSN meets this on joint returns. The credit would apply to taxable years beginning after enactment.
Federal worker leave for pregnancy loss
If enacted, federal civilian employees would be able to take job‑protected leave for a spontaneous loss of an unborn child. The bill would allow intermittent or reduced‑schedule leave when medically necessary. Agencies could allow substitution of paid leave for this reason. Employees would need to give reasonable and practicable notice to their agency. Agencies could require medical certification with specified information. The change would take effect upon enactment.
FMLA leave for pregnancy loss
If enacted, the bill would let eligible private‑sector employees take FMLA leave for a spontaneous loss of an unborn child. You could take leave in pieces or on a reduced schedule if a health provider says it is medically necessary. You could substitute paid leave instead of unpaid FMLA for this reason. You would need to give your employer notice that is reasonable and practicable. Your employer could require a medical certification with specified information. The change would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Tom Cotton
AR • R
Cosponsors
Kevin Cramer
ND • R
Sponsored 7/23/2025
Cindy Hyde-Smith
MS • R
Sponsored 7/23/2025
James Risch
ID • R
Sponsored 7/23/2025
John Boozman
AR • R
Sponsored 9/11/2025
Roll Call Votes
No roll call votes available for this bill.
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