HEALING Act Mandates Job-Protected Leave for Spontaneous Fetal Loss and Creates New Refundable Stillbirth Tax Credit

The HEALING Mothers and Fathers Act is aimed at providing concrete support—in the form of job protection and financial relief—to parents who experience the loss of an unborn child. Essentially, this bill recognizes that a spontaneous fetal loss or stillbirth is a medical event requiring time off and provides a financial acknowledgment of the tragedy.

FMLA Leave: When Life Doesn't Go to Plan

Sections 2 and 3 of the bill amend the Family and Medical Leave Act (FMLA) to specifically include the “spontaneous loss of an unborn child” as a qualifying reason for taking job-protected leave. For the 25-45 crowd juggling work and family, this is a major deal. If you work for a company covered by FMLA (generally 50+ employees) or if you are a federal employee, you now have the right to take time off following a loss without fear of losing your job.

This isn't just about the immediate loss; the bill allows the leave to be taken intermittently or on a reduced schedule if it’s medically necessary. Think about a parent who needs time for follow-up appointments or recovery: they can use FMLA in chunks. If you have paid sick or vacation time, your employer must now allow you to substitute that paid time for this leave, just as they would for any other FMLA reason. While this is crucial support for grieving parents, employers will need to update their FMLA policies and manage the new administrative burden of processing these requests and verifying the required certification from a healthcare provider.

The Stillbirth Tax Credit: Financial Acknowledgment

Section 4 introduces a brand-new refundable tax credit for individuals who experience a stillbirth during the tax year. This is a significant move because it ties the stillbirth event to the existing Child Tax Credit (CTC) framework. The amount of the credit is equal to the full dollar amount of the CTC for that year. Since the credit is refundable, if the amount exceeds your tax liability, the government sends you the difference back as a refund.

To claim this, you need two things: first, the stillbirth must meet the bill’s definition (a spontaneous loss, not an induced termination); second, you must have a “certificate of birth resulting in stillbirth” from your state. This requirement means the financial relief is tied directly to state-level documentation, which could create administrative snags if state processes are slow or inconsistent. You also need a valid Social Security Number (SSN) issued to a U.S. citizen or authorized worker to claim the credit. This provision offers tangible financial support during a difficult time, recognizing the costs and impact associated with this type of loss.