Bill would expand the FMLA to include loss of an unborn child

On September 17, two members of Congress reintroduced the Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act, or HEALING Mothers and Fathers Act (HR 5397). Specifically, the measure would change the FMLA to include spontaneous loss of an unborn child as a qualified reason to take FMLA leave.

What’s included in the bill?

Highlights of the bill include the following:

• Leave entitlement: Both mothers and fathers would be entitled to take up to 12 workweeks of unpaid leave in a 12-month leave year period for the loss of an unborn child; this includes time to grieve.
• Definition: Spontaneous loss of an unborn child is defined in the bill as “the loss of a child in the womb that is unplanned and not resulting from a purposeful act.”
• Requirements: All requirements related to certification, notice, flexibility, and leave substitution are consistent with current standards for claiming FMLA leave. A certification could include bodily side effects of the loss.
• Scheduling: Employees could take the leave intermittently or on a reduced schedule when medically necessary.

This is one of several bills Congressional members have introduced in the past year that deal with employee leave or the FMLA specifically.

The measure is in the first stage of the lawmaking process and was referred to the Committee on Education and Workforce, the Committees on Oversight and Government Reform, House Administration, and Ways and Means.