[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5397 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5397
To amend the Family and Medical Leave Act of 1993 to provide leave for
the spontaneous loss of an unborn child, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2025
Mrs. Hinson introduced the following bill; which was referred to the
Committee on Education and Workforce, and in addition to the Committees
on Oversight and Government Reform, House Administration, and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to provide leave for
the spontaneous loss of an unborn child, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping with Equal Access to Leave
and Investing in Needs for Grieving Mothers and Fathers Act'' or the
``HEALING Mothers and Fathers Act''.
SEC. 2. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN CHILD.
(a) Definition of Spontaneous Loss of an Unborn Child.--Section 101
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is
amended--
(1) by redesignating paragraphs (13) through (19) as
paragraphs (14) through (20), respectively;
(2) by inserting after paragraph (12) the following:
``(13) Spontaneous loss of an unborn child.--The term
`spontaneous loss of an unborn child' means the loss of a child
in the womb that does not result from a purposeful act and is
unplanned.''; and
(3) in paragraph (19)(B), as redesignated, by striking
``paragraph (15)(B)'' and inserting ``paragraph (16)(B)''.
(b) Entitlement to Leave.--Section 102(a)(1) of such Act (29 U.S.C.
2612(a)(1)) is amended by adding at the end the following:
``(G) Because of the spontaneous loss of an unborn
child of the employee or spouse of the employee.''.
(c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following:
``Subject to subsection (e)(4) and section 103(g), leave under
subsection (a)(1)(G) may be taken intermittently or on a reduced leave
schedule when medically necessary.''.
(d) Substitution of Paid Leave.--Section 102(d)(2)(B) of such Act
(29 U.S.C. 2612(d)(2)(B)) is amended in the first sentence by striking
``(C) or (D)'' and inserting ``(C), (D), or (G)''.
(e) Notice.--Section 102(c) of such Act (29 U.S.C. 2612(c)) is
amended by adding at the end the following new paragraph:
``(4) Notice for leave due to spontaneous loss of an unborn
child.--For leave under subsection (a)(1)(G), the employee
shall provide such notice to the employer as is reasonable and
practicable.''.
(f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended--
(1) in subsection (c)(1)--
(A) by inserting ``or subsection (g)(1) for leave
under section 102(a)(1)(G)'' after ``section
102(a)(1)''; and
(B) by striking ``under subsection (b) for such
leave'' and inserting ``under subsection (b) for leave
under subparagraph (C) or (D) of section 102(a)(1) or
subsection (g)(2) for leave under section 102(a)(1)(G),
respectively'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or subsection (g)(1)''
after ``under subsection (a)''; and
(ii) by inserting ``or subsection (g)(2),
respectively'' after ``under subsection (b)'';
and
(B) in paragraph (2), by inserting ``or subsection
(g)(2)'' after ``under subsection (b)''; and
(3) by adding at the end the following:
``(g) Certification for Leave Due to Spontaneous Loss of an Unborn
Child.--
``(1) In general.--An employer may require that a request
for leave under section 102(a)(1)(G) be supported by a
certification issued by the health care provider of the
eligible employee or of the spouse of the eligible employee, as
appropriate. The employee shall provide, in a timely manner, a
copy of such certification to the employer.
``(2) Sufficient certification.--Certification provided
under paragraph (1) shall be sufficient if it includes the
information described in paragraphs (1), (2), (3), and (5) of
subsection (b), with respect to spontaneous loss of an unborn
child or bodily side effects of that loss, as appropriate.''.
SEC. 3. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN CHILD, FOR CIVIL
SERVICE EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, is
amended--
(1) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively;
(2) by inserting after paragraph (6) the following:
``(7) the term `spontaneous loss of an unborn child' means
the loss of a child in the womb that does not result from a
purposeful act and is unplanned;''; and
(3) in paragraph (12)(B), as redesignated, by striking
``paragraph (8)(B)'' and inserting ``paragraph (9)(B)''.
(b) Entitlement to Leave.--Section 6382(a)(1) of title 5, United
States Code, is amended by adding at the end the following:
``(F) Because of the spontaneous loss of an unborn child of
the employee or spouse of the employee.''.
(c) Schedule.--Section 6382(b)(1) of title 5, United States Code,
is amended by inserting after the third sentence the following:
``Subject to subsection (e)(4), and section 103(g), leave under
subsection (a)(1)(G) may be taken intermittently or on a reduced leave
schedule when medically necessary.''.
(d) Substitution of Paid Leave.--Section 6382(d)(1) of title 5,
United States Code, is amended in the first sentence by striking ``or
(E)'' and inserting ``(E), or (F)''.
(e) Notice.--Section 6382(e) of title 5, United States Code, is
amended by adding at the end the following:
``(4) For leave under subsection (a)(1)(F), the employee shall
provide such notice to the employing agency as is reasonable and
practicable.''.
(f) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (c)(1)--
(A) by inserting ``or subsection (g)(1) for leave
under section 6382(a)(1)(F)'' after ``section
6382(a)(1)''; and
(B) by striking ``under subsection (b) for such
leave'' and inserting ``under subsection (b) for leave
under subparagraph (C) or (D) of section 6382(a)(1) or
subsection (g)(2) for leave under section
6382(a)(1)(F), respectively'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or subsection (g)(1)''
after ``under subsection (a)''; and
(ii) by inserting ``or subsection (g)(2),
respectively'' after ``under subsection (b)'';
and
(B) in paragraph (2), by inserting ``or subsection
(g)(2)'' after ``under subsection (b)''; and
(3) by adding at the end the following:
``(g)(1) An employing agency may require that a request for leave
under section 6382(a)(1)(F) be supported by a certification issued by
the health care provider of the employee or of the spouse of the
employee, as appropriate. The employee shall provide, in a timely
manner, a copy of such certification to the employing agency.
``(2) Certification provided under paragraph (1) shall be
sufficient if it includes the information described in paragraphs (1),
(2), (3), and (5) of subsection (b), with respect to spontaneous loss
of an unborn child or bodily side effects of that loss, as
appropriate.''.
SEC. 4. REFUNDABLE PERSONAL CREDIT FOR INDIVIDUALS WHO HAVE SUFFERED A
STILLBIRTH.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. STILLBIRTHS.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
applicable amount.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount shall be equal to the dollar amount in
effect for such taxable year under subsection (a) of section
24.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who suffered during the taxable year the stillbirth
of a child who would have been a qualifying child of the
taxpayer (within the meaning of section 152) for the taxable
year if such child had been born live, and
``(2) for whom a certificate of birth resulting in
stillbirth has been issued under applicable State law.
``(c) Stillbirth.--For purposes of this section, the term
`stillbirth' means the delivery of a child where there was a
spontaneous death of the child, not induced by any purposeful act,
before the complete delivery from the child's mother.
``(d) Identification Requirement.--
``(1) In general.--No credit shall be allowed under this
section to a taxpayer unless the taxpayer includes the social
security number of such taxpayer on the return of tax for the
taxable year. In the case of a joint return, the requirements
of this subsection shall be treated as met as long as 1 spouse
includes a social security number on the return of tax for the
taxable year.
``(2) Social security number.--For purposes of this
subsection, the term `social security number' means a social
security number issued to an individual by the Social Security
Administration, but only if the social security number is
issued--
``(A) to a citizen of the United States or pursuant
to subclause (I) (or that portion of subclause (III)
that relates to subclause (I)) of section
205(c)(2)(B)(i) of the Social Security Act, and
``(B) before the due date for such return.''.
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 36B the following new
item:
``Sec. 36C. Stillbirths.''.
(c) Conforming Amendments.--
(1) Internal revenue code of 1986.--Section 6211(b)(4)(A)
of such Code is amended by inserting ``36C,'' after ``36B,''.
(2) Refunds.--Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``, 36C'' after
``36B''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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