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Mothers of stillborn babies may soon be able to take their planned parental leave, under a proposed law stemming from the tragic passing of 42-day-old Priya last year.
The Fair Work Amendment (Baby Priya’s) Bill 2025 was introduced to Parliament last Thursday (9 October) and, if passed, will take effect on Thursday, 16 October 2025, and will remove parental leave uncertainty between employers and their workers.
The passage of this law would mark more than a year after the mother of 42-day-old Priya was prevented from taking her planned parental leave by her employer, due to the death of her daughter.
In this amendment, a new principle would be introduced into the Fair Work Act, which mandates that leave cannot be cancelled because a child passes away or is stillborn, unless otherwise expressly agreed between employers and employees.
A profound impact on Australia
Following the passing of her child, Priya’s mother – who did not want to be identified – was forced to negotiate her planned employer-funded parental leave with her employer in mid-July last year.
“I feel such immense pride and joy knowing that [Priya is] creating meaningful change for future working parents in Australia,” the mother said.
“Priya lived for only 42 days, yet her presence left a profound imprint on me, my family, friends, and now on all of Australia. Though her time was brief, her impact will be everlasting,” she said.
Minister for Employment and Workplace Relations Amanda Rishworth (pictured) said: “It is important that parents don’t find themselves having to negotiate with their employers over their leave arrangements at such a difficult moment, giving them time and space to grieve.”
Earlier this year, the federal government pledged legislation that would support parents of stillborns by ensuring that employers grant parental leave entitlements as planned.
Following the stillbirth of their child, Priya’s parents started an online petition, which has amassed over 30,000 signatures to date.
Rishworth thanked employer representatives, including Priya’s mother’s union, Australian Services Union NSW & ACT (ASU), for their work in making the bill happen, and said: “No parent should ever have to go through what Priya’s mum experienced, and that’s why our government has acted to safeguard these entitlements.”
An unusual bill
Over 3,000 families had a stillborn child or lost their child within 28 days of their birth in 2022. The impact of this new law means that these workers are guaranteed planned paid parental leave entitlements if their child is stillborn or dies.
ASU secretary Angus McFarland said this bill will provide the support and compassion that parents deserve as they go through unimaginable grief. He added: “No parent mourning the loss of a child should be forced back to work early or face financial strain, and under this bill they won’t have to.”
Kingston Reid partner Christa Lenard said: “[The bill] is unusual in that it legislates into what is a discretionary employer policy space, effectively setting a default rule unless terms expressly provide otherwise.”
Lenard recommended that HR professionals review contracts, enterprise agreements, and policies in line with the new law – as it places limits on unilateral variation and its civil penalty regime.
“Clarity now will reduce disputes later while preserving the compassionate purpose of the reform,” she said.
This news comes amid other stories including discussions surrounding parental leave last month, in July, and in September last year.
RELATED TERMS
Parental leave is a benefit offered to employees that allows for job-protected time off from work to care for a kid once the child is born or adopted.
