Parents grieving the loss of a child will have greater certainty over their employer-funded paid parental leave under new legislation introduced to Federal Parliament today.
Priya was born prematurely at 24 weeks and six days. Five days after notifying her workplace of her daughter’s passing, her mother received a message cancelling her maternity leave and replacing it with just one month of personal leave—less than the six weeks Priya had lived. Her husband, by contrast, retained his full paternity leave under the NSW industrial system.
The Australia Today was the first media outlet to highlight Priya’s mother’s case and petition, after her maternity leave was cancelled following her baby’s death — a story that sparked national conversation and calls for reform. That coverage has now been followed by legislative action, with Parliament passing a bill to ensure no grieving parent faces the same situation again.
The Fair Work Amendment (Baby Priya’s) Bill 2025 is named after Baby Priya, who tragically died just 42 days after her birth. Her mother faced an additional blow when her approved maternity leave was cancelled shortly after informing her employer of the baby’s death, forcing her to return to work while still grieving.
Prime Minister Anthony Albanese noted the personal story behind the legislation. “After losing their baby Priya, her parents faced another blow. Her mother’s paid parental leave was cancelled while they were still grieving. At a time of heartbreak, parents shouldn’t be unexpectedly told it’s time to go back to work by their employer. That’s why today we’ve introduced Baby Priya’s Bill—giving financial certainty to parents after the loss of a child.”
“As Priya’s mother told me, ‘the law is in her name. Now Priya will live on forever.’”
Minister for Employment and Workplace Relations Amanda Rishworth said the Bill would provide crucial financial certainty for parents in these devastating circumstances.
“Such losses have a profound and long-lasting impact on parents, families and their communities.”
Rishworth added, “Parents should not have to deal with uncertainty about their employer-funded paid parental leave entitlements on top of their grief.”
“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.”
The Bill introduces a new principle into the Fair Work Act, ensuring that employer-funded paid parental leave cannot be cancelled if a child is stillborn or dies, unless otherwise agreed. It aligns employer-funded leave with government-paid parental leave while still allowing workplaces to negotiate flexible arrangements in good faith.
The Australian Services Union, which counts Priya’s mother among its members, welcomed the Bill. “This vital Bill will make sure workers, including our members, are guaranteed employer-paid parental leave if they experience the tragic loss of a child,” said NSW & ACT Secretary Angus McFarland in a statement.
“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. We pay tribute to Baby Priya’s parents who have courageously advocated to ensure no other parent ever has to face the uncertainty they endured.”
In 2022, more than 3,000 Australian families lost a child to stillbirth or within the first 28 days of birth. Baby Priya’s story and her parents’ advocacy have now driven a legislative change aimed at ensuring no parent must face the dual hardship of loss and financial uncertainty.
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