Fair Work Act 2009 Amendment: Introducing Baby Priya’s Law
Chloe Hutchings | Employee Relations Adviser | CCIWA
The most recent amendment to the Fair Work Act 2009 (FW Act) is the insertion of Baby
Priya’s Law, which has changed employee access to employer-funded paid parental leave.
In Australia some organisations offer employer-funded paid parental leave and
employers should keep up to date with the changes. Please note that the article should
be used as a guide, and if assistance is required for a particular circumstance, contact the
Employee Relations Helpline on 08 9365 7660 or email advice@cciwa.com.
History Behind the Amendment
Baby Priya passed away when she was 42 days old. Priya’s mother made contact with her
employer of to inform them of the death. Later conversations resulted in Priya’s mother
being notified that her three months of pre-approved employer-funded paid parental
leave had been revoked. Her employer instead offered just four weeks of personal leave.
The purpose of the amendment was to prevent employers from unilaterally cancelling or
refusing paid parental leave entitlements in the event of a stillbirth or death of a child.
What is Baby Priya’s Law?
The FW Act was amended on 7 November 2025 to introduce additional protections for
employer-funded paid parental leave. The Act has been changed to prohibit an employer
from refusing or cancelling employer-funded paid parental leave if an employee’s child is
stillborn or dies. However, employees are only entitled to this so long as both criteria
below are met:
1. The employee would have been entitled to the leave as per the employee’s terms
and conditions of employment if the child would not have been stillborn or died;
and
2. The leave was for the birth of the child or the child of the employee’s spouse or de
facto partner, or the placement of an adopted child.
The previous protected entitlement of unpaid parental leave in section 77A of the FW Act,
allows an employee to still access the leave if their child is stillborn or dies within the 24
month period after birth. The FW Act defines a stillborn child as a child:
(a) who weighs at least 400 grams at delivery or whose period of gestation was at
least 20 weeks; and
(b) who has not breathed since delivery; and
(c) whose heart has not beaten since delivery.
It is important to note that whilst the amendment does not allow employers to
unilaterally refuse or cancel employer-funded paid parental leave, it does not limit the ability for employers and employees to mutually agree to reduce or cancel the leave should the employee request to return to work sooner than their original leave period.
Why is Baby Priya’s Law important?
Baby Priya’s Law allows for employees to still have access to the pre-approved employerfunded
paid parental leave they would have been entitled to had they not experienced a
stillbirth or death of the child.
The introduction of the amendment aligns employer-funded paid parental leave with the
same entitlements as depicted in the FW Act regarding unpaid parental leave, making the
entitlement to different forms of parental leave consistent across the board.
Are there any exceptions to Baby Priya’s Law?
Yes, there are exceptions to Baby Priya’s Law employers should be aware of to ensure
they are delivering the correct entitlements to their employees.
The employee does not have an entitlement to employer-funded paid parental leave
under the terms and conditions of their employment.
Baby Priya’s Law has no effect if the employer does not offer employer-funded paid
parental leave or they are not entitled to the leave as per the terms and conditions of the
employee’s employment. It is important to note that the amendment does not mean an
employer has to introduce employer-funded paid parental leave into their organisation if
they did not already have the entitlement in place.
The terms and conditions of employment allow for the employer or the employee to
reduce or cancel the employer-funded paid parental leave.
Baby Priya’s Law has no effect if the employer can refuse or cancel the employer-funded
paid parental leave under the employee’s terms and conditions of the employment
because of or is no longer entitled to the leave due to a stillborn or the death of the child.
This exception may exist for contracts entered into prior to the introduction of this
legislation.
There are other leave entitlements the employee can access.
Baby Priya’s Law has no effect if the employee is entitled to access other forms of leave
related to the stillbirth or death of a child, as per their terms and conditions of
employment. When determining what types of leave this exception is referring to, it
disregards compassionate leave and unpaid parental leave under the National
Employment Standards (NES).
How CCIWA can help
To find out more information, or for tailored advice, call the Employee Relations
Helpline on 08 9365 7660 or email advice@cciwa.com.