A bill was introduced Wednesday in the Senate to give parental leave after losing an unborn child.
The bill, called the “Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act,” was introduced by Sen. Tom Cotton (R-AR). It would change the Family and Medical Leave Act of 1993 so that a mother and her husband could take up to 12 weeks of unpaid leave over a year if they lose an unborn child.
The legislation also would allow for a refundable tax credit for any couple who has a stillbirth.
It would “provide leave for the spontaneous loss of an unborn child” with “spontaneous loss” defined as “the loss of a child in the womb that does not result from a purposeful act and is unplanned,” meaning that if the unborn life is ended through abortion, the benefit would not apply.
“This bill will make sure families receive the resources they need to help recover from the unexpected loss of a child. No amount of money can replace such a loss, but the legislation will make sure parents have time to begin the recovery process,” Cotton said.
The bill was also sponsored by Sens. Cindy Hyde-Smith (R-MS) and Kevin Cramer (R-ND).
“It has taken policymakers too long to recognize that parents should be allowed time to heal following a miscarriage or stillbirth. The loss of a child is devastating and heartbreaking for families, and this legislation formally acknowledges their need for time following such a loss,” Hyde-Smith said.
Cotton’s bill echos a similar law passed in Arkansas in 2021, which was introduced at the time by Republican State Representative Les Eaves, after his granddaughter was stillborn.
“One day before she died, she was a perfect, fully formed, beautiful little girl, but she’s not recognized as a dependent at that point,” Eaves said at the time.
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