A proposed expansion to the Family and Medical Leave Act will give parents who have lost a baby the ability to take off time from work and financial help in the form of a $3,600 tax credit.
U.S. Rep. Ashley Hinson, R-Iowa, and U.S. Sen. Tom Cotton, R-Ark., introduced legislation on Sept. 17, 2025, to expand protections under the Family and Medical Leave Act (FMLA) for parents who unexpectedly lose a child in utero.
The proposal would provide grieving mothers and fathers with time off work, along with financial support, following miscarriages or stillbirths.
The bill, titled the “Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act,” also referred to as the HEALING Mothers and Fathers Act, would treat the spontaneous death of an unborn child as a qualifying medical condition under FMLA. The measure allows both mothers and their spouses to take up to 12 weeks of unpaid leave within 12 months following such a loss.
Under the proposal, a “spontaneous loss of an unborn child” is defined as “the loss of a child in the womb that is unplanned and not resulting from a purposeful act.” All the existing certification, notice, flexibility, and leave substitution requirements under FMLA would remain in effect.
In addition to the leave provision, the bill would establish a refundable tax credit of $3,600 for a mother or couple who suffers a stillbirth. To qualify, families must provide a stillbirth certificate under applicable state law. The credit could not be used for any abortion procedure.
“Expecting parents who endure a stillbirth, the loss of a baby after 20 weeks or more through a pregnancy, should be able to mourn their baby without the added stress of expensive medical bills,” Hinson said in a press release. “Our legislation will give families the time and resources to help them through this unimaginable loss.”
Cotton added, “No amount of money can heal the unexpected loss of a child, but parents must be given time to mourn. Our bill will ensure families are given the resources and support they need to recover.”
Supporters of the bill include the Susan B. Anthony List and the National Right to Life Committee.
The legislation also includes a prohibition on Title X funds going to abortion providers, to entities that perform abortions, or to entities that refer patients for abortions.
Currently, the FMLA allows unpaid leave for serious health conditions and for caring for newborns or newly adopted children. Yet many parents who suffer miscarriages or stillbirths are excluded under current definitions, since such losses often do not meet the threshold for a “serious health condition.”
Estimates cited in the bill show that roughly one in four pregnancies ends in miscarriage and about one in 160 pregnancies results in a stillbirth.
Stillbirths can lead to unexpected financial burdens, including medical bills, costs of preparing for the birth, longer hospital stays, and burial expenses. The legislation is intended to help ease these costs in addition to providing time for emotional recovery.
The HEALING Mothers and Fathers Act reflects an Arkansas measure known as Paisley’s Law, introduced by State Rep. Les Eaves and named after his late granddaughter, Paisley. That law provides tax relief of up to $1,500 for families who experience stillbirths.
If passed, the bill would represent a legislative change in how federal law handles family leave and grief after pregnancy loss. Because it amends the FMLA, the bill would need approval in both the House and Senate before being signed by the President.
The current version of the bill only includes unpaid leave. That means families would be entitled to absence from work under FMLA, but not automatic pay unless their employer or state law provides it. This proposal builds upon previous efforts to expand leave policies for pregnancy, childbirth, miscarriage, and infant loss. Advocates say federal law has lagged in addressing the needs of grieving families.
Originally introduced by Cotton in 2023, the bill has now been reintroduced by Hinson and Cotton. In the Senate, it is co-sponsored by Republican Sens. Kevin Cramer of North Dakota, Cindy Hyde-Smith of Mississippi, and Jim Risch of Idaho. It has been referred to the relevant committees in both chambers.
Supporters will be pushing to build bipartisan momentum. The tax credit, leave provision, and abortion-related funding restrictions are expected to be central negotiation points.
The HEALING Mothers and Fathers Act could change how families face future miscarriages and stillbirths. If passed, the measure would offer the opportunity to provide more resources to address the sensitive issue.
At its root, this bill is pro-life because it recognizes that all human beings, no matter their age or location, deserve to be honored and grieved upon their death.
As Christians, we value life and care for one another in moments of pain. Scripture is clear that every child is made in the image of God even when a baby’s life ends before birth. No child is forgotten by Him. Psalm 139 reminds us that God sees every life being knit together in the womb. Grieving parents who lose a child to miscarriage or stillbirth need compassion rather than silence.
In introducing this bill, Rep. Hinson and Sen. Cotton are recognizing the dignity of children and the needs of their families. For believers, this is an opportunity to affirm that compassion requires tangible support, whether through laws that provide time to mourn, churches that walk alongside grieving families, or individual believers stepping up to provide for practical needs or offering comfort.
In Galatians 6:2, Paul writes, “Bear one another’s burdens, and so fulfill the law of Christ.”
This verse is a reminder that grief should never be carried alone. Families who experience miscarriage or stillbirth are often overlooked, but the Church can help. We can pray, mourn, and offer a helping hand to the brokenhearted.
Christians are called to be advocates for life at all stages. Supporting legislation that assists grieving families is one way to live out that calling. Whether or not the bill becomes law, the responsibility of believers remains to comfort those who mourn and point to the eternal promise that in Christ, death does not have the final word.
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