EXCLUSIVE: Tom Cotton Pushes To Give Key Benefit To Mothers Who Lose Unborn Children

Senator Tom Cotton introduced a bill on Wednesday that would amend federal law to allow for parental leave in the case of an unborn child’s death.

The Arkansas Republican’s bill would amend the Family and Medical Leave Act of 1993 to allow for a mother and her husband to take 12 workweeks of unpaid leave over the course of a year in the event that they lose an unborn child. The bill would also create a refundable tax credit for any mother, or couple, who experiences a stillbirth. 

“This bill will make sure families receive the resources they need to help recover from the unexpected loss of a child,” Cotton told 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.”

The legislation is called the ‘‘Helping with Equal Access to Leave and Investing in Needs for Grieving Mothers and Fathers Act.” Cotton introduced similar legislation in 2023. 

Republican Senators Kevin Cramer (ND) and Cindy Hyde-Smith (MS) also sponsored the legislation.

“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 “provide leave for the spontaneous loss of an unborn child” with spontaneous loss defined as “the loss of a child in the womb that does not result from a purposeful act and is unplanned.” It would be consistent with current standards for certification, notice, flexibility and leave substitution for federal family leave law. 

Women who end the lives of their unborn children through abortion would not qualify for the benefits under the legislation.

The bill is similar to a law in Arkansas passed in 2021 that provides a tax credit for unborn children who are stillborn. Republican State Representative Les Eaves introduced the bill after his granddaughter, Paisley Havranek, was stillborn on February 6, 2019.

“One day before she died, she was a perfect, fully formed, beautiful little girl, but she’s not recognized as a dependent at that point,” he said at the time. 

In recent years, Republicans have pushed for more legislation to support family formation. Earlier this year, West Virginia Republican Rep. Riley Moore introduced a bill alongside Senator Mike Lee (R-UT) that would ensure that new moms would not be “penalized” under federal law for deciding to leave the workforce and stay home with their child.