Sen. Tom Cotton Introduces Bill to Provide Leave And Tax Relief for Parents Whose Children Die Before Birth

Senator Tom Cotton (R-AR) introduced legislation this week to support grieving parents who experience the devastating loss of a child in the womb. The bill, titled the Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act — or the HEALING Mothers and Fathers Act — expands family leave protections and provides financial support in cases of miscarriage or stillbirth.

The proposed law would amend the Family and Medical Leave Act of 1993 to allow up to 12 workweeks of unpaid leave for both the mother and her spouse following the spontaneous loss of an unborn child. It would also establish a refundable tax credit for mothers and couples who suffer a stillbirth.

“This bill will make sure families receive the resources they need to help recover from the unexpected loss of a child,” Senator Cotton said in a statement to The Daily Wire. “No amount of money can replace such a loss, but the legislation will make sure parents have time to begin the recovery process.”

Acknowledging Grief, Offering Support

The legislation defines spontaneous loss as the unintentional and unplanned loss of a child in the womb, and it explicitly excludes elective abortions. In doing so, the bill mirrors similar legislation passed in Arkansas in 2021, which grants a tax credit to parents who experience a stillbirth. That measure was inspired by the personal tragedy of State Rep. Les Eaves, whose granddaughter, Paisley Havranek, was stillborn in 2019.

Senators Kevin Cramer (R-ND) and Cindy Hyde-Smith (R-MS) have signed on as co-sponsors.

“It has taken policymakers too long to recognize that parents should be allowed time to heal following a miscarriage or stillbirth,” Hyde-Smith said. “The loss of a child is devastating and heartbreaking for families, and this legislation formally acknowledges their need for time following such a loss.”

The bill would require standard documentation consistent with existing medical leave laws and would allow the time off to be taken over the course of a year.

A Broader Push for Family-Centered Policy

The HEALING Act is the latest in a series of Republican-led efforts to expand pro-family policy. Earlier this year, Rep. Riley Moore (R-WV) and Sen. Mike Lee (R-UT) introduced legislation to protect women who leave the workforce to care for children from being penalized under federal law.

Though many Democrats have championed paid family leave in other contexts, it remains to be seen whether Cotton’s bill will garner bipartisan support.

Still, the measure reflects a growing recognition among lawmakers that grief caused by pregnancy loss — long a taboo subject — is worth recognition in federal policy.

The bill is now headed to the Senate Committee on Health, Education, Labor, and Pensions, where it will await further discussion and potential markup.

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Seijah Drake

Seijah Drake was born in Boston, MA, where she developed a penchant for writing early on and a passion for politics in college. After college she worked briefly for a conservative media in New York before relocating to the Greater D.C. Area to pursue a career in political marketing. She now resides in the free state of Florida.

1 Comment
    Francine Martin

    This goes thru and I pretty much guarantee post abortion time will be demanded by the crazies that be!

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