HR5397-119

Introduced

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.

119th Congress Introduced Sep 16, 2025

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill (the HEALING Mothers and Fathers Act) makes three significant changes. First, it amends the Family and Medical Leave Act (FMLA) to add spontaneous loss of an unborn child (miscarriage) as a new qualifying reason for up to 12 weeks of unpaid, job-protected leave for private-sector employees. Second, it extends the same leave entitlement to federal civil service employees under Title 5 of the U.S. Code. Third, it creates a new refundable tax credit (Section 36C of the Internal Revenue Code) equal to the Child Tax Credit amount for individuals who experience a stillbirth during the taxable year.

Who Benefits and How

  • Workers who experience miscarriage: Gain a new legal right to job-protected unpaid leave under FMLA, with intermittent leave allowed when medically necessary
  • Federal employees who experience miscarriage: Receive the same leave protections as private-sector workers
  • Spouses of affected workers: Leave also covers miscarriage experienced by an employee's spouse
  • Parents who experience stillbirth: Receive a refundable tax credit equal to the Child Tax Credit amount (currently ,000) per stillbirth occurrence

Who Bears the Burden and How

  • Employers with 50+ employees: Must accommodate up to 12 weeks of additional unpaid leave for affected employees, managing staffing gaps and administrative certification processes
  • Federal agencies: Must implement new leave category and certification procedures
  • U.S. Treasury / federal taxpayers: Bear the cost of the refundable stillbirth tax credit
  • Healthcare providers: May face additional administrative burden from certification requirements

Key Provisions

  • Defines "spontaneous loss of an unborn child" as loss that does not result from a purposeful act and is unplanned
  • Leave may be taken intermittently or on a reduced schedule when medically necessary
  • Employers may require healthcare provider certification but with streamlined requirements
  • Stillbirth tax credit requires a certificate of birth resulting in stillbirth under state law
  • Stillbirth defined as spontaneous death of a child not induced by any purposeful act before complete delivery
  • Tax credit requires taxpayer Social Security number (SSN) on return

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Amends the Family and Medical Leave Act and the civil service leave provisions to add spontaneous pregnancy loss (miscarriage) as a qualifying reason for job-protected leave, and creates a refundable tax credit for individuals who experience a stillbirth.

Key Policy Areas

Labor, Healthcare, Tax Policy, Federal Employment

Primary Purpose

Amends the Family and Medical Leave Act and the civil service leave provisions to add spontaneous pregnancy loss (miscarriage) as a qualifying reason for job-protected leave, and creates a refundable tax credit for individuals who experience a stillbirth.

Policy Domains

Labor Healthcare Tax Policy Federal Employment

Refundable Tax Credit for Stillbirth

Identified Gains
Contextual inference, no direct clause citation
  • Parents who experience stillbirth
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • U.S. Treasury
  • Federal taxpayers
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Leave for Federal Civil Service Employees

Identified Gains
Contextual inference, no direct clause citation
  • Federal employees experiencing miscarriage
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Federal employing agencies
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

FMLA Leave for Private Sector Employees

Identified Gains
Contextual inference, no direct clause citation
  • Workers experiencing miscarriage
  • Spouses of affected workers
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Employers with 50+ employees
  • Healthcare providers
Model: N/A | Version: bill_summary_v2 | Source: ih

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Sep 16, 2025

Mrs. Hinson introduced the following bill; which was referred to …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Labor
4 mentions across 2 clauses
+4 positive

Federal civil service employees experiencing miscarriage, Private-sector employees experiencing miscarriage, Spouses of employees experiencing miscarriage

Government
3 mentions across 2 clauses
-3 negative

Federal employing agencies, IRS / tax administration, U.S. Treasury

General Public
2 mentions across 2 clauses
+2 positive

Eligible individuals who suffer a stillbirth, Parents who experience stillbirth

Business
1 mention across 1 clause
-1 negative

Employers with 50+ employees

4/5
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Labor Healthcare
Domains
Federal Employment Healthcare
Domains
Tax Policy Healthcare
Actor Mappings
"the_secretary"
→ Secretary of the Treasury

Key Definitions

Terms defined in this bill

3 terms
"Spontaneous loss of an unborn child" §2

The loss of a child in the womb that does not result from a purposeful act and is unplanned.

"Stillbirth" §4

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.

"Eligible individual (for stillbirth credit)" §4b

An individual who suffered a stillbirth during the taxable year of a child who would have been a qualifying child, and for whom a certificate of birth resulting in stillbirth has been issued under state law.

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology