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At the start of the week (3 November), both houses of Parliament passed a bill that ensures parents of stillborn babies remain entitled to planned parental leave.
The Fair Work Amendment (Baby Priya’s) Bill 2025 passed in Federal Parliament on Monday (3 November). This new law secures employer-funded paid parental leave protections for parents who have experienced the stillbirth or the death of their baby. Baby Priya – for which the bill was named – died at 42 days old, following which, her mother was forced to cancel her paid parental leave as a result of the stillbirth, and take unpaid leave to grieve the death of her baby.
This amendment added a novel principle into the Fair Work Act 2009, which provided that leave cannot be cancelled because a child passes away or is stillborn, unless otherwise expressly agreed between employers and employees. The introduction of the law brought parental leave for parents of stillborn babies in line with unpaid parental leave and government-funded paid parental leave, allowing workers to negotiate with employers on leave conditions following the stillbirth.
Initially proposed to take effect on Thursday, 16 October 2025, the legislation faced numerous hurdles before it was eventually passed. Senior MPs Andrew Hastie, Barnaby Joyce, Henry Pike and Tony Pasin expressed their concerns during the bill’s second reading on 29 October 2025.
Rebuttals surrounding late-term abortion were the main point of debate. Pasin stressed that “it shouldn’t be available to people who don’t wish to become parents”, while Hastie said: “I do call upon the government … to clarify that it does not apply to late-term abortions.” Pike echoed these same concerns, and Joyce also sought clarity.
At the bill’s final press conference on Monday, Minister for Employment and Workplace Relations Amanda Rishworth (pictured) said: “This bill is not about late-term abortion, this bill is about giving parents [dignity] in the event of a stillbirth or early death of a child, and that’s what this bill is about. I’m disappointed that some senators tried to make it something that this is not.”
To date, the bill has received almost 33,000 signatures on change.org, which was pivotal in gaining the attention of Rishworth and the federal government.
Priya’s mother said: “Priya’s story has set [a] precedent for how employers should treat parents who experience stillbirth or infant loss.”
“The purpose of Baby Priya’s Bill is to give grieving parents the time, space and financial security to grieve and take care of themselves, without the fear of losing their jobs or their income.”
Rishworth said: “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. 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.”
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.
Carlos Tse
Carlos Tse is a graduate journalist writing for Accountants Daily, HR Leader, Lawyers Weekly.
