New Law Protects Paid Parental Leave for Parents of Stillborn Babies

In a landmark move, Australia has passed new legislation, known as Baby Priya’s Law, ensuring parents who experience the tragedy of stillbirth or early infant death are protected from having their paid parental leave cancelled.

The amendment to the Fair Work Act 2009 closes a painful gap in Australia’s workplace laws, bringing compassion, dignity, and fairness to grieving parents who were previously at risk of losing vital financial and emotional support during one of life’s most devastating moments.

🏛 What the Law Does

Under Baby Priya’s Law, employers can no longer refuse or cancel approved paid parental leave in cases of stillbirth or the death of a child.

While unpaid parental leave was already protected under previous Fair Work provisions, this amendment ensures that employer-funded paid parental leave, often a key benefit in workplace policies or enterprise agreements, remains secure.

Importantly, the law does not require employers to offer paid parental leave, but it ensures that if such leave exists, it cannot be revoked simply because of a stillbirth or infant loss.

💬 Why This Matters

Until now, some parents who lost their babies late in pregnancy or shortly after birth found themselves not only grieving, but also facing the distress of cancelled leave and lost income.

The new law recognises that the emotional impact of stillbirth and infant loss is profound — and that parents deserve time, space, and security to grieve without workplace pressures or financial uncertainty.

By protecting parental leave entitlements in these cases, Baby Priya’s Law helps ensure no family faces administrative cruelty during an already heartbreaking time.

⚖️ What It Doesn’t Change

This legislation doesn’t mandate that employers provide paid parental leave — it only protects entitlements that already exist.

It also doesn’t extend to all types of pregnancy loss (such as miscarriage before the legal definition of stillbirth), though other Fair Work provisions may still apply.

Employers will need to review internal policies and contracts to make sure they align with the new protections, and to handle these sensitive situations with care and compliance.

💡 What It Means for Workers and Workplaces

For employees, the change provides clarity and reassurance. If you or your partner experience a stillbirth or infant death, and you’ve been approved for paid parental leave, your employer cannot cancel that leave.

For organisations, this law is a reminder of the importance of compassionate and legally sound workplace policies. Reviewing HR procedures, manager training, and communication guidelines around parental leave will be crucial to ensure compliance and to foster a truly supportive culture.

A Step Toward Compassion at Work

Baby Priya’s Law isn’t just a legal update, it’s a cultural shift. It acknowledges grief as a part of life that workplaces must handle with empathy and respect.

As Australia continues to evolve its workplace protections, this new law stands as a reminder that dignity and humanity should always underpin employment rights.