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. Sky Transport Solutions helps employers understand this proposed legislation and prepare for potential changes to FMLA requirements.

What's Included in the Bill?

Highlights of the bill include several key provisions that would expand FMLA coverage:

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.

Legislative Context

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.

Potential Impact on Employers

If this bill becomes law, employers would need to:

• Recognize spontaneous loss of an unborn child as a qualifying FMLA event
• Provide up to 12 weeks of unpaid leave for eligible employees
• Extend leave rights to both mothers and fathers
• Allow intermittent or reduced schedule leave when medically necessary
• Accept certifications that may include bodily side effects of the loss
• Update FMLA policies and procedures to reflect the new qualifying event
• Train HR staff and managers on the new leave provisions

Current FMLA Coverage

Currently, the FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for:

• The birth of a child and to care for the newborn child
• The placement with the employee of a child for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
• To take medical leave when the employee is unable to work because of a serious health condition
• For qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty"

The proposed bill would add spontaneous loss of an unborn child as a new qualifying reason for FMLA leave.

How Sky Transport Solutions Can Help

At Sky Transport Solutions, we understand that FMLA compliance is complex and constantly evolving. Our team can help employers:

• Monitor FMLA-related legislation and regulatory changes
• Understand current FMLA requirements and qualifying events
• Develop and update FMLA policies and procedures
• Train HR staff and managers on FMLA compliance
• Handle FMLA leave requests and certifications
• Ensure proper documentation of FMLA leave
• Prepare for potential changes to FMLA coverage
• Navigate complex FMLA situations and employee leave requests
• Stay compliant with all federal and state leave requirements

As Congress continues to explore changes to employee leave provisions, Sky Transport Solutions can help your organization stay informed and prepared. Contact us today to ensure your FMLA policies and practices are compliant and ready for potential legislative changes.