HEALING Mothers and Fathers Act

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. 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 HEALING Mothers and Fathers Act 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 (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 ; and (3) in paragraph (19)(B), as redesignated, by striking paragraph (15)(B) paragraph (16)(B) (b) Entitlement to Leave Section 102(a)(1) of such Act ( 29 U.S.C. 2612(a)(1) (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) 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) (C) or (D) (C), (D), or (G) (e) Notice Section 102(c) of such Act ( 29 U.S.C. 2612(c) (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 (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 102(a)(1)(G) section 102(a)(1) (B) by striking under subsection (b) for such leave 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) under subsection (a) (ii) by inserting or subsection (g)(2), respectively under subsection (b) (B) in paragraph (2), by inserting or subsection (g)(2) under subsection (b) (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. . 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 ; and (3) in paragraph (12)(B), as redesignated, by striking paragraph (8)(B) 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) (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) section 6382(a)(1) (B) by striking under subsection (b) for such leave 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) under subsection (a) (ii) by inserting or subsection (g)(2), respectively under subsection (b) (B) in paragraph (2), by inserting or subsection (g)(2) under subsection (b) (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. . 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 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 (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 (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 (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) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 36B, (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , 36C 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. 5. Prohibition of funding family planning providers that offer abortion services Title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. 1009. Additional prohibition regarding abortion The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not— (1) perform an abortion, or provide funding to any other entity that performs abortions; or (2) refer patients to an abortion provider. .

Summary: Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act or the HEALING Mothers and Fathers Act This bill revises the family and medical leave entitlement and limits funding to certain family planning programs. Specifically, the bill provides family and medical leave due to the spontaneous loss of an unborn child of an employee or spouse of the employee. It also establishes a tax credit for an individual who experiences, during the taxable year, the stillbirth of a child who would have been a qualifying child of the individual for the taxable year if the child had been born live. The bill further prohibits the Office of Population Affairs within the Department of Health and Human Services from providing federal assistance to voluntary family planning programs that (1) perform abortions, (2) provide funding to another entity that performs abortions, or (3) refer patients to abortion providers.