Congress expands family leave to cover miscarriage—but only unpaid
S. 2418 — HEALING Mothers and Fathers Act · Filed by Tom Cotton (R-AR) · 4 cosponsors · Introduced Jul 23, 2025 · Referred to committee
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What it does
This bill amends the Family and Medical Leave Act to add a new protected reason for leave: the spontaneous loss of an unborn child (miscarriage). Eligible employees would be entitled to unpaid leave (or paid leave if the employer offers it) to grieve and recover from miscarriage, with flexibility to take it intermittently or on a reduced schedule if medically necessary. Employers may require medical certification but must follow reasonable notice procedures.
Why we flagged it
The bill straightforwardly extends FMLA protections to a new qualifying event (miscarriage). It does not restructure the law, create new agencies, or impose novel compliance burdens—it adds a category to an existing statutory framework in plain language.
What the text implies
- Employers may face increased certification and administrative burden managing medical documentation for a sensitive health event, potentially creating privacy concerns for employees.
- The bill does not mandate paid leave—only unpaid—meaning low-wage workers may still face financial hardship during recovery, limiting the practical benefit for economically vulnerable populations.
The full analysis lists 4 implications of this text.
Who it affects
The bill extends a recognized public protection—unpaid leave for serious family events—to a significant health and emotional circumstance that currently lacks federal protection. Employees experiencing miscarriage gain a statutory right to leave without job loss, addressing a gap in existing law that affects millions of workers annually.