A new law will give parents who suffer a stillbirth or the death of a newborn access to employer-funded paid parental leave
A new law protecting employer-funded parental leave in cases of stillbirth or death of a new born have passed Federal Parliament.
The Fair Work Amendment (Baby Priya's) Bill 2025 prevents employer-funded paid parental leave from being cancelled if a baby is stillborn or dies, unless employers and employees have expressly agreed otherwise.
Employment and Workplace Relations Minister Amanda Rishworth said the bill aims to provide greater certainty for grieving parents during a difficult time.
"These are incredibly difficult circumstances for workers and, indeed, managers to navigate. Parents should have the time and space to grieve after the loss of a child," Rishworth said in a statement.
"Their pain should not be compounded by uncertainty about whether or not they have to go back to work while they're recovering from immense grief and trauma."
According to the Federal Government, the law puts the protections in line with government-funded paid parental leave and unpaid parental leave.
It also maintains the ability of employers and employees to negotiate what to do in case of a stillbirth or the death of a newborn.
Baby Priya's Bill
The bill is named after Baby Priya, who died when she was just six weeks old in 2024.
Her death left her grieving mother to negotiate with her employer about an unplanned and unexpected return to work after her parental leave was cancelled.
Rishworth said the courageous advocacy of Priya's parents and family helped ensure that similar situations would be avoided in the future.
"Their strength and determination have driven meaningful change, and with Baby Priya's Bill passing Parliament, we can provide certainty for grieving parents and safeguard their financial security," the minister added.
More than 3,000 families in Australia lost a child to stillbirth or within the first 28 days of their birth in 2022, according to the Federal government.
"Australia is one of the safest places in the world for a baby to be born. But sadly, stillbirths and child loss do happen, with profound and long-lasting impacts on parents, families, and communities," Rishworth said.
