Leave for spontaneous loss of an unborn child
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(a) Definition of spontaneous loss of an unborn child Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended— (1) by redesignating paragraphs (13) through (19) as paragraphs (14) through (20), respectively; (2) by inserting after paragraph (12) the following: (13) Spontaneous loss of an unborn child The term spontaneous loss of an unborn child means the loss of a child in the womb that does not result from a purposeful act and is unplanned.; and (3) in paragraph (19)(B), as redesignated, by striking paragraph (15)(B) and inserting paragraph (16)(B). (b) Entitlement to Leave Section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following: (G) Because of the spontaneous loss of an unborn child of the employee or spouse of the employee.. (c) Schedule Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following: Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(1)(G) may be taken intermittently or on a reduced leave schedule when medically necessary.. (d) Substitution of paid Leave Section 102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is amended in the first sentence by striking (C) or (D) and inserting (C), (D), or (G). (e) Notice Section 102(c) of such Act (29 U.S.C. 2612(c)) is amended by adding at the end the following new paragraph: (4) Notice for leave due to spontaneous loss of an unborn child For leave under subsection (a)(1)(G), the employee shall provide such notice to the employer as is reasonable and practicable.. (f) Certification Section 103 of such Act (29 U.S.C. 2613) is amended— (1) in subsection (c)(1)— (A) by inserting or subsection (g)(1) for leave under section 102(a)(1)(G) after section 102(a)(1); and (B) by striking under subsection (b) for such leave and inserting under subsection (b) for leave under subparagraph (C) or (D) of section 102(a)(1) or subsection (g)(2) for leave under section 102(a)(1)(G), respectively; (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting or subsection (g)(1) after under subsection (a); and (ii) by inserting or subsection (g)(2), respectively after under subsection (b); and (B) in paragraph (2), by inserting or subsection (g)(2) after under subsection (b); and (3) by adding at the end the following: (g) Certification for leave due to spontaneous loss of an unborn child (1) In general An employer may require that a request for leave under section 102(a)(1)(G) be supported by a certification issued by the health care provider of the eligible employee or of the spouse of the eligible employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer. (2) Sufficient certification Certification provided under paragraph (1) shall be sufficient if it includes the information described in paragraphs (1), (2), (3), and (5) of subsection (b), with respect to spontaneous loss of an unborn child or bodily side effects of that loss, as appropriate..