HEALING Mothers and Fathers Act
- Bill Number
- H.R. 5397
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-09-16: 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.
- Last Updated
- 2025-12-05T22:03:20Z
AI-Generated Summary
Purpose of the Legislation
The HEALING Mothers and Fathers Act (H.R. 5397) aims to support parents grieving the loss of an unborn child by expanding unpaid job-protected leave under the Family and Medical Leave Act (FMLA) to include time off for miscarriages (defined as spontaneous loss) and providing a new refundable tax credit for stillbirths. It seeks to address gaps in existing support for such losses, allowing employees to take leave without risking their jobs and offering financial relief through the tax system.
Key Provisions
- Definition of Spontaneous Loss: Introduces a new term in the FMLA meaning the unplanned loss of a child in the womb not caused by any intentional act (e.g., miscarriage). A similar definition is added for federal employees.
- Leave Entitlement:
- Eligible employees (those covered by FMLA) can take up to 12 weeks of unpaid, job-protected leave in a year for the spontaneous loss of their own unborn child or their spouse's.
- Applies to both private sector and federal civil service employees.
- Leave can be taken intermittently (in separate blocks of time) or on a reduced schedule if medically necessary, similar to other FMLA leaves.
- Substitution and Notice:
- Employees can use accrued paid leave (like sick or vacation time) instead of unpaid leave.
- Employees must provide reasonable notice to their employer as soon as practicable; no advance notice is required in urgent cases.
- Certification Requirements:
- Employers can request certification from a healthcare provider confirming the loss and any related medical needs (e.g., physical side effects).
- The certification must include details like the date of the loss, medical facts, and expected duration of incapacity.
- Tax Credit for Stillbirths:
- Provides a refundable credit (meaning it can result in a tax refund even if no taxes are owed) equal to the child tax credit amount (currently $2,000 per qualifying child, adjusted for inflation).
- Eligible if the taxpayer suffered a stillbirth during the tax year, the child would have qualified as a dependent if born alive, and a state-issued certificate of birth resulting in stillbirth is provided.
- Stillbirth is defined as the spontaneous death of the child before complete delivery, not induced intentionally.
- Taxpayers must include their Social Security number on the return to claim it; applies to joint filers if at least one spouse provides it.
- Effective Dates:
- FMLA amendments take effect immediately upon enactment.
- Tax credit applies to tax years beginning after enactment.
Significant Changes to Existing Law
- FMLA Expansion (Private Sector and Federal Employees): Previously, FMLA covered leave for serious health conditions, including pregnancy-related issues, but did not explicitly include miscarriage as a qualifying event. This bill adds it as a distinct category (new subparagraph G/F), allowing leave for the employee's or spouse's loss, with tailored rules for intermittent use and certification focused on the loss itself rather than a broader serious health condition.
- Federal Employee Leave: Mirrors the private sector changes in Title 5 of the U.S. Code, which governs civil service leave, ensuring consistency across public employment.
- New Tax Provision: Adds Section 36C to the Internal Revenue Code, creating the first federal tax credit specifically for stillbirths. It builds on the child tax credit framework but requires proof of stillbirth (unlike live births). Includes conforming updates to tax refund rules and deficiency definitions.
Potential Impacts
- On Citizens: Provides emotional and practical support for grieving parents by allowing time off work without pay loss (if paid leave is substituted) and financial relief via a tax credit of up to $2,000 for stillbirths. This could reduce financial stress during bereavement, particularly for lower-income families eligible for refunds. However, it does not provide paid leave directly, so impacts depend on available paid benefits.
- On Government Agencies and Employers: Employers (private and federal) must update policies, train HR staff, and handle certifications, potentially increasing administrative costs. The IRS will process new credits, leading to additional refunds and compliance checks (e.g., verifying stillbirth certificates). Federal agencies like the Department of Labor (overseeing FMLA) may need guidance materials.
- On International Relations: No direct impacts; the bill is domestic-focused on U.S. labor and tax laws.
Main Stakeholders Affected
- Employees and Families: Primarily parents (including spouses) who experience miscarriage or stillbirth, enabling access to leave and tax relief without job security risks.
- Employers: Private companies and federal agencies covered by FMLA, who must grant leave and verify claims, potentially facing short-term staffing challenges.
- Healthcare Providers: Involved in issuing certifications for leave and stillbirth documentation.
- U.S. Government: Department of Labor (FMLA enforcement), Office of Personnel Management (federal employees), and IRS (tax credit administration and revenue costs estimated in billions over time due to refunds).
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FMLA's family-supportive framework without altering its core unpaid nature, but introduces specificity for reproductive losses, which could lead to litigation over what qualifies as "spontaneous" (e.g., distinguishing from induced losses). The tax credit's refundable design ensures accessibility but requires robust verification to prevent fraud, aligning with existing dependent-claim rules.
- Constitutional: No apparent challenges; it expands equal protection under labor laws for family medical needs and does not infringe on free speech, privacy, or other rights. The focus on "spontaneous" losses respects state variations in reproductive laws.
- Political: Highlights bipartisan interest in family leave expansions amid ongoing debates on reproductive health post-Roe v. Wade. Could set precedent for further bereavement leave (e.g., for infant death) but may face opposition over added employer burdens or tax expenditures in a fiscally conservative environment. Neutral in partisan terms, emphasizing support for "grieving mothers and fathers."
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-09-16: 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.
- 2025-09-16: 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.
- 2025-09-16: 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.
- 2025-09-16: 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.
- 2025-09-16: Introduced in House
- 2025-09-16: Introduced in House
Bill Versions
- Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act — issued 2025-09-16 — PDF (10 pages)