Subcommittee unanimously backs bill to make paid parental leave explicitly cover stillbirths; Senate language deferred

The House General Government Ways and Means Subcommittee on Thursday reported H4611 favorably to clarify that stillbirths qualify as a "birth" for the state’s paid parental leave law, after multiple speakers described denied benefits and urged statutory change.

Patrick Kelly, director of governmental affairs for the Palmetto State Teachers, told the panel the 2023 law that created paid parental leave for educators has been “life changing” but that some school districts have interpreted the statute to exclude stillbirths. Kelly said the state attorney general has issued an advisory urging legislative clarification and asked members to “favorably report H4611” to eliminate inconsistent local interpretations.

Mariah Kenny, a school social worker who said she lost her son Jennings at 37 weeks, described filing for paid leave before delivery and receiving only FMLA and bereavement information after the stillbirth. She said her district later reinstated paid parental leave after she pursued the matter, and she urged lawmakers to fix the statute so other grieving parents are not forced to fight for benefits.

Heather Quinn, founder of the Harper Project, said physiological and emotional effects of delivery are the same whether a baby is born alive or stillborn and argued that the law should leave no room for debate. “Delivering a baby should qualify these state employee benefits regardless of whether the baby lives or dies,” she said.

Supporters pointed to an Attorney General opinion quoted by witnesses that, in their view, describes giving birth to a stillborn child as “psychologically identical” to giving birth to a live child, and they said a clear statutory fix will prevent future denials.

Committee members repeatedly offered condolences and described the testimony as compelling. A motion to report H4611 favorably passed on a voice or roll-call vote; the chair announced the bill passed unanimously. Members encouraged advocates and local groups that offer grief support to share models for replication across the state.

The subcommittee also heard a related Senate measure (S11) that would broaden paid‑leave eligibility for state employees broadly, and members agreed to pause further action to try to harmonize house and senate language before advancing either bill.

The subcommittee’s favorable report advances H4611 to the next committee stage; lawmakers said they would continue to work to align the house and senate approaches.