I 
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 Com-
mittee 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 juris-
diction 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 Representa-
tives 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’’. 
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SEC. 2. LEAVE FOR SPONTANEOUS LOSS OF AN UNBORN 
CHILD. 
(a) DEFINITION OF SPONTANEOUS LOSS OF AN UN-
BORN 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 fol-
lowing: 
‘‘(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 un-
planned.’’; and 
(3) in paragraph (19)(B), as redesignated, by 
striking ‘‘paragraph (15)(B)’’ and inserting ‘‘para-
graph (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 
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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
SPONTA-
NEOUS
LOSS
OF
AN
UNBORN
CHILD.—For leave 
under subsection (a)(1)(G), the employee shall pro-
vide 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 ‘‘sec-
tion 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 sec-
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graphs (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 fol-
lowing: 
‘‘(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 un-
planned;’’; and 
(3) in paragraph (12)(B), as redesignated, by 
striking ‘‘paragraph (8)(B)’’ and inserting ‘‘para-
graph (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 un-
born child of the employee or spouse of the em-
ployee.’’. 
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(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 fol-
lowing: 
‘‘(4) For leave under subsection (a)(1)(F), the em-
ployee 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 ‘‘sec-
tion 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 sec-
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tion 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 sub-
section (g)(2)’’ after ‘‘under subsection (b)’’; 
and 
(3) by adding at the end the following: 
‘‘(g)(1) An employing agency may require that a re-
quest 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.’’. 
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SEC. 4. REFUNDABLE PERSONAL CREDIT FOR INDIVIDUALS 
WHO HAVE SUFFERED A STILLBIRTH. 
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 36B the fol-
lowing 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 indi-
vidual— 
‘‘(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. 
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‘‘(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 pur-
poses 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.’’. 
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(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 relat-
ing to section 36B the following new item: 
‘‘Sec. 36C. Stillbirths.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) INTERNAL REVENUE CODE OF 1986.—Sec-
tion 6211(b)(4)(A) of such Code is amended by in-
serting ‘‘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. 
Æ 
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