Sen. Vance's new bill would protect mothers who exit the workforce to care for their babies from undue health care costs

Republican Sens. J.D. Vance (Ohio) and Marco Rubio (Fla.) introduced legislation Tuesday that would ensure that mothers "who choose to prioritize their child's early development and recover rather than return to work" after giving birth won't be retroactively stripped of their health care premiums for having done so.

Currently, the Family and Medical Leave Act of 1993 requires covered companies with over 50 employees to give their workers 12 weeks of unpaid medical leave in a 12-month period for the birth of a child as well as in cases of adoption. Furthermore, it requires the "continuation of their group health benefits under the same conditions as if they had not taken leave."

The bill, entitled "Fairness for Stay-At-Home Parents Act," would amend the FMLA to "prohibit an employer from recovering any health care premium paid by the employer for an employee if the employee fails to return to work due to the birth of a child, and for other purposes."

In addition to preventing clawbacks, the legislation would have employers continue their health premium contributions for the duration of the 12-week leave.

"Our laws should not penalize new parents who choose to stay home to care for their newborn babies," Vance said in a statement. "We should celebrate and promote young families, not punish them. This legislation would relieve a serious financial burden for working families all over America and steer Washington in a more pro-family direction."

America appears to be in dire need of a "pro-family direction."

The U.S. Census Bureau revealed in November 2022 that less than 24% of children under the age of 15 living in normal families had a stay-at-home mother. Only 1% had a stay-at-home father.

The Pew Research Center indicated that as of 2021, 26% of mothers stayed home with their children and 7% of fathers stayed home with their children.

According to the Mayo Clinic, over half of women return to work after their maternity leave.

Not only are fewer people staying home to raise their children, but fewer Americans are having children.

The Centers for Disease Control and Prevention indicated in a June report that the provisional number of births in the U.S. for 2022 was just over 3.6 million, a decline from the previous year. The fertility rate was 56.1 per 1,000 women ages 15-44. This figure is roughly half of what the rate was in the 1960s and more or less on par with the rate in 2020, which was the lowest rate on record.

The New York Times noted in 2018 that one of the key drivers behind Americans having fewer or no children is financial insecurity.

A poll conducted by USA Today last year confirmed that was still the case. About 46% of respondents suggested their personal financial situation influenced their planned or current childlessness; 40% indicated work-life balance was at least partly to blame.

The Washington Examiner noted that financial struggles hit parents straight out the gate. The national average cost of child delivery in a hospital exceeds $18,000, or $3,000 out of pocket for those with insurance.

The 12-week reprieve that some parents might find as a result of Vance's bill could go a long way.

"The Fairness for Stay-At-Home Parents Act supports mothers' and parents' invaluable role in raising the next generation," said Rubio, the original co-sponsor of Vance's bill. "This legislation stops employers from imposing harsh financial penalties if a parent decides not to return to work after unpaid leave, and it empowers families to make choices that prioritize the well-being of their children."

Rubio, like Vance, appears keen on bolstering the family. Following the Supreme Court's Dobbs ruling, Rubio released a pro-family framework, stressing the "need to adopt pro-life policies that support families, rather than destroy them."

Among the proposals in the Florida senator's framework were an expansion to the child tax credit; an allowance for new parents to pull forward up to three months of their Social Security benefits to finance paid parental leave; tax relief for adoptive parents; expanded support for pro-life crisis pregnancy centers; and the establishment of a grant program funding integrated mentoring services for poor mothers.

Following the overturning of Roe v. Wade, the Manhattan Institute's Brian Riedl prophesied to the Washington Post that Republicans would likely take a stronger lead on bolstering the family beyond just sparing the unborn from mass extermination.

"I could see if Republicans decide that abortion politics are working against them, there could be a push for child-care benefits, more maternal health care, and better adoption services to make it easy and more affordable for more mothers to carry the babies to term," said Riedl. "It would put their money where their mouth is when challenged on making it easier for mothers to afford their children and get their health care."

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