Baby Priya’s Bill passes Senate

The Fair Work Amendment (Baby Priya’s) Bill 2025 has today passed Federal Parliament, ensuring employer-funded paid parental leave protections are now enshrined in legislation for grieving parents experiencing the stillbirth or death of a child.

The amendment introduces a new principle into the Fair Work Act that unless employers and employees have expressly agreed otherwise, employer-funded paid parental leave must not be cancelled because a child is stillborn or dies.

This brings it in line with government-funded paid parental leave and unpaid parental leave.

The amendment upholds the ability of employers and employees to negotiate and agree terms and conditions which deal with the stillbirth or death of a child.

This Bill is named after Baby Priya who died when she was just 6 weeks old.

After informing her employer that her child had passed away, Priya’s mum was faced with grieving the loss of her child at the same time as having her parental leave cancelled and negotiating with her employer about an unplanned and unexpected return to work.

Minister for Employment and Workplace Relations Amanda Rishworth said she wanted to pay heartfelt tribute to Baby Priya’s parents and family, whose courageous advocacy had helped ensure that no other family would have to endure what they went through.

“Their strength and determination have driven meaningful change and with Baby Priya’s Bill passing Parliament we can provide certainty for grieving parents and safeguard their financial security,” Minister Rishworth said.

“Australia is one of the safest places in the world for a baby to be born. But sadly, stillbirths and child loss do happen, with profound and long-lasting impacts on parents, families and communities.

“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.

"Through this Bill our government has acted to provide greater certainty for parents during this unbelievably difficult time.   

"There has been a strong and unified show of support for the Fair Work Amendment (Baby Priya’s) Bill 2025, with members from many sides recognising the importance of providing clear and compassionate arrangements for families facing the heartbreaking loss of a baby.”