A new bill to amend the Fair Work Act to prevent employers from cancelling paid parental leave for parents who experience a stillbirth or neonatal death has been introduced into federal parliament.
The recent introduction of ‘Baby Priya’s Bill’ in Federal Parliament has come because of strong union advocacy for paid parental leave rights after a mother was left devasted by the death of her 42-day-old baby and the subsequent cancellation of her paid parental leave by her employer.
Baby Priya died at just six weeks old. In the aftermath, her mother was informed that her paid parental leave entitlement was no longer valid, while her father continued to receive paid parental support under his own leave arrangement.
Employment Minister Amanda Rishworth acknowledged the broader issue, saying, “[i]n some circumstances we’ve had employers immediately cancel that leave and ask parents to take annual leave, and if they don’t have annual leave, to come back to work straight away.”
Minister Rishworth noted that Priya’s mother’s story is not uncommon.
With support from their union, the Australian Services Union, Priya’s parents started a petition calling for stronger protection for grieving parents. After gaining 30,000 signatures, they brought their advocacy efforts to Canberra for legislative change.
On October 9, 2025, the government introduced ‘Baby Priya’s Bill’ to parliament. The bill will ensure parents who suffer from a stillbirth or neonatal death can still access employer-funded paid parental leave.
Currently, workplace policies relating to taking leave after stillbirth or neonatal death vary widely. Some workplace arrangements may have specific conditions about what happens in a stillbirth or early death of an infant, while for many, entitlements remain unclear.
In many instances where paid parental leave is offered but the details about the above circumstances are not discussed, it is at the discretion of the employer about whether or not paid parental leave is cancelled. In this case, there is no legal protection for parents to keep their employer-paid parental leave entitlements.
With the support from the Opposition, Baby Priya’s Bill is expected to pass and become law in the coming weeks, marking a significant step forward in compassionate workplace policy.
