Sponsor
Ashley Hinson
Representative · R-IA
Representative · R-IA
The bill provides meaningful job‑protected leave and a refundable stillbirth tax credit to support grieving parents' recovery and finances, while introducing documentation requirements and administrative costs that may limit access for some families and increase burdens for employers, providers, and the federal budget.
Parents (including pregnant people and spouses) who experience a spontaneous loss of an unborn child can take up to 12 weeks of job‑protected leave (private-sector under FMLA provisions, with comparable leave for federal employees), preserving job security during recovery.
Parents who suffer a stillbirth can claim a refundable federal tax credit equal to the Child Tax Credit amount for the year, providing direct financial relief and ensuring low‑income families receive the full benefit even with little or no income tax liability.
Employees (including federal employees) may use leave intermittently or on a reduced schedule when medically necessary, giving flexibility for staggered recovery, medical appointments, and gradual return to work.
Employers and federal agencies can require medical certification and may require substitution of accrued paid leave, creating documentation requirements that can delay or complicate access to leave and deplete employees' paid time off balances.
Eligibility rules for the refundable stillbirth credit — including the need for a state-issued certificate of birth resulting in stillbirth and narrow SSN/issuance rules — may block some families (particularly some immigrants or those who cannot obtain the certificate) from receiving the benefit.
Small employers and federal agencies will face added administrative burden verifying certifications and managing intermittent or reduced‑schedule leave, increasing costs and HR complexity.
Based on analysis of 4 sections of legislative text.
Adds FMLA leave for spontaneous loss of an unborn child and creates a refundable stillbirth tax credit equal to the child tax credit amount.
Official title: 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.
Introduced September 16, 2025 by Ashley Hinson · Last progress September 16, 2025
Creates a new qualifying reason for federal Family and Medical Leave Act (FMLA) leave and parallel federal employee leave for an unplanned loss of an unborn child, adds rules for intermittent use, notice, paid-leave substitution, and medical certification, and establishes a refundable federal tax credit for individuals who suffer a stillbirth and obtain a state stillbirth certificate. Leave provisions define “spontaneous loss of an unborn child,” align notice and certification requirements with existing FMLA rules, and permit up to 12 weeks of leave (including intermittent/reduced schedule when medically necessary). The tax credit equals the current child tax credit amount and applies for taxable years beginning after enactment, subject to SSN and documentation rules.