Stillbirth, premature birth or death of a child

Baby Priya’s law: New protections for employer funded parental leave

The Australian Government has introduced legislation to prohibit employers from refusing or cancelling employer funded paid parental leave because of stillbirth or the death of a child. There are some exceptions to this rule.

For more information about the changes, visit Baby Priya’s law: New protections for employer funded parental leave.

We have updated the information on this page to reflect these changes.

Find information about entitlements for an employee who experiences a stillbirth, premature birth or death of a child.

On this page:

Unpaid parental leave

If an employee’s baby is stillborn or their child dies in the first 24 months of life, they can take up to 12 months’ unpaid parental leave. Their employer can’t:

  • call them back to work
  • cancel their unpaid parental leave.

Employees who experience a stillbirth or death of their child in the first 24 months of life can choose to cancel their unpaid parental leave and return to work.

If the employee hasn’t started their unpaid parental leave, they just need to give written notice to cancel their leave. If they decide to return to work after starting their leave, they need to give their employer at least 4 weeks’ written notice before they return.

Employers and employees can agree to an earlier return date.

Employer funded paid parental leave

Employers who provide their employees with employer funded paid parental leave can’t refuse or cancel this leave because of stillbirth or the death of a child.

This leave can only be cancelled if an employee requests to do so, or if there is an exception in place that allows the leave to be refused or cancelled by the employer.

This protection applies where a child is stillborn or dies on or after 7 November 2025.

Exceptions

This protection doesn’t apply if any of the following exceptions apply.

Right to cancel employer funded paid parental leave

The protection doesn’t apply if an employer can refuse or cancel employer funded paid parental leave because of stillbirth or the death of a child under the employee’s terms and conditions of employment, such as an employment contract or enterprise agreement.

However, this exception doesn’t apply if the terms and conditions are varied by the employer after 7 November 2025 to allow this.

No entitlement under terms and conditions of employment

The protection doesn’t apply if an employee isn’t entitled to employer funded paid parental leave because of stillbirth or the death of a child under the terms and conditions of their employment.

However, this exception doesn’t apply if their terms and conditions are varied by the employer after 7 November 2025 to allow this.

Other leave entitlements apply

The protection doesn’t apply if an employee is entitled to other forms of leave related to stillbirth or the death of a child under their terms and conditions of employment.

When working out whether this exception applies, the other forms of leave that might be relevant don’t include an employee’s entitlement to compassionate leave or unpaid parental leave under the National Employment Standards (NES), or an entitlement under their terms and conditions of employment with the same or substantially the same effect as those NES entitlements.

Example: Stillbirth during employer funded paid parental leave

Lara works as an electrician. An enterprise agreement applies to her that gives employees 16 weeks of employer funded paid parental leave.

Lara becomes pregnant. She plans with her employer to take 16 weeks of employer funded paid parental leave and 16 weeks of unpaid parental leave. During the 16 weeks of unpaid parental leave, Lara will receive Australian Government Parental Leave Pay.

Lara starts her employer funded parental leave 2 weeks before she is due to give birth.

Lara’s baby, Tristan, was stillborn at 39 weeks gestation.

Lara remains on employer funded parental leave for the agreed length of 16 weeks. Lara’s employer is unable to cancel her leave as none of the exceptions apply.

After Lara’s 16 weeks of employer funded paid parental leave ends, Lara starts her unpaid parental leave.

Lara considers returning to work early and starts a discussion with her employer about returning to work at a suitable time.

Compassionate leave

Access to compassionate leave depends on whether the employee has started unpaid parental leave.

For information about compassionate leave while pregnant, visit Entitlements while pregnant.

For information about compassionate leave while on unpaid parental leave, visit Accruing and taking other leave during parental leave.

Premature birth and birth-related complications

An employee can agree with their employer to put their unpaid parental leave on hold if:

  • they experience a premature birth or gestational or other birth-related complications
  • their newborn has to stay in hospital or be hospitalised immediately after birth.

This means that while their newborn is in hospital, parents can return to work and the period when they are back at work will not be deducted from their unpaid parental leave.

The employee can then resume their unpaid parental leave:

  • at a time agreed with their employer
  • at the end of the day when the newborn is discharged from the hospital, or
  • at the end of the day in the scenario that the newborn dies.

Returning to work early due to stillbirth or infant death

An employee can reduce or cancel their period of unpaid parental leave if they experience a stillbirth or death of a child in the first 24 months of life.

Before parental leave has started

An employee can cancel their unpaid parental leave with written notice before it starts.

An employer can’t require an employee to return to work or cancel their upcoming unpaid parental leave after the employee experiences a stillbirth or death of a child in the first 24 months of life.

Where an employee experiences a stillbirth, the employee can take unpaid parental leave even if they haven’t previously given notice to their employer. The employee must notify their employer as soon as they can.

After parental leave has started

If the employee has started unpaid parental leave but the child is stillborn or dies in the first 24 months of life, the employee is still entitled to be on unpaid parental leave unless the employee ends the leave.

An employee can end the leave by giving their employer at least 4 weeks’ written notice of their new return to work date.

Employers and employees can agree to the employee returning to work on an earlier date.

An employer can’t require an employee to return to work or cancel any upcoming planned leave after a stillbirth or infant death.

Support available

Support services are available if you've experienced or are impacted by stillbirth.

Stillbirth Foundation Australia provide practical resources and emotional help for parents who have experienced a stillbirth.

They also provide resources and advice for family members, friends and colleagues who are supporting someone through the impact of stillbirth.

Source reference for page: Fair Work Act 2009 sections 77–77A, 78A, 104–105, 333X

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