Trigger warning: perinatal and infant loss
The Fair Work Amendment (Baby Priya’s) Bill 2025 has now passed Parliament, marking an important and long overdue reform for grieving parents in Australia.
Under the new law, employers cannot cancel paid parental leave if a baby is stillborn or dies during infancy, unless both the employer and employee agree otherwise. This ensures that parents retain their entitlement to paid parental leave during one of the most difficult experiences imaginable.
The change brings employer-funded paid parental leave into line with the government’s Paid Parental Leave scheme, recognising that the need for time, support and compassion does not disappear when a child is lost.
Why It Matters
This reform sets a new standard for empathy in Australian workplaces. Parents who experience stillbirth or the loss of a child should never have to face the added pain of losing their leave entitlements or negotiating their rights while grieving.
By embedding this protection in law, the government has given families much-needed certainty and dignity. For employers, it is also a moment to reflect on workplace culture and ensure that compassion is not only a value, but a practice.
What Employers Should Do Now
Even though the law is now in place, employers should take practical steps to review and update their workplace policies to align with it.
1. Review and update parental leave policies
Include clear wording confirming that paid parental leave will continue in the event of stillbirth or the death of a child, unless otherwise agreed.
2. Align with government frameworks
Check that your internal systems treat these cases consistently with the government’s Paid Parental Leave scheme.
3. Train managers and HR
Provide guidance on how to respond with sensitivity and confidentiality. These are moments that test leadership and empathy.
4. Integrate counselling and EAP support
Ensure employees have immediate access to professional counselling or Employee Assistance Programs.
5. Communicate proactively
Inform staff that your policies have been updated and explain how the protection works. Transparency builds trust.
6. Audit contracts and EBAs
Make sure none contain terms that would undermine this protection.
Sample Leave Policy Clause
Stillbirth and Infant Loss – Paid Parental Leave Continuation
If an employee experiences a stillbirth or the death of a child during their period of paid parental leave, the employer-funded leave will continue as planned, unless the employee and employer agree to vary the arrangement.
The employee will not be required to return to work earlier unless they choose to. The organisation will provide support, counselling and flexibility wherever possible.
This policy reflects our commitment to compassion, respect and care for grieving families, and aligns with the Fair Work Amendment (Baby Priya’s) Act 2025.
Support Services
If you or someone you know has been affected by the loss of a baby, miscarriage or suicide, support is available.
For stillbirth and miscarriage support:
- Red Nose Grief and Loss: 1300 308 307 – 24/7 support for anyone affected by the death of a baby or child.
- SANDS (Stillbirth and Neonatal Death Support): 1300 308 307 – counselling, peer support and online community.
- Pink Elephants Support Network: pinkelephants.org.au – support for miscarriage and early pregnancy loss.
For mental health and suicide support:
- Lifeline: 13 11 14 – 24/7 crisis support and suicide prevention services.
- Beyond Blue: 1300 22 4636 – mental health support for anyone struggling.
- PANDA (Perinatal Anxiety & Depression Australia): 1300 726 306 – support for parents and families before and after birth.
You are not alone. Help is available whenever you need it.
