Fair Work Act amended to protect grieving parents

This article discusses sensitive content related to stillbirth and infant loss, which may be distressing to some readers. Reader discretion is advised.

Grief and loss are deeply personal experiences, but for educators and professionals in early childhood education and care (ECEC), these moments often intersect with work in profound ways. With the passing of Baby Priya’s Bill, the Australian Government has taken a significant step toward ensuring dignity, recognition and workplace protections for parents facing stillbirth or infant death,  including those in the ECEC sector, where balancing care responsibilities and personal hardship is an ongoing challenge.

In a landmark win for parental rights and workplace protections, the Australian Senate has passed Baby Priya’s Bill, securing critical legal safeguards for parents who experience stillbirth or infant death. The Bill, which amends the Fair Work Act, ensures that employers can no longer cancel maternity leave under these circumstances, a shift welcomed across the early childhood education and care (ECEC) sector, where many staff also navigate the complexities of family care.

The campaign began with a petition on Change.org, launched by a Sydney mother whose baby, Priya, passed away at just six weeks of age. After Priya’s death, her employer revoked her approved maternity leave and replaced it with only four weeks of personal leave.

Known as Baby Priya’s Petition, the campaign gathered more than 32,000 signatures and drew national media attention. It prompted bipartisan commitments from the Labor, Liberal and Greens parties, leading to the drafting and eventual passing of Baby Priya’s Bill.

On Friday 6 June the week of what would have been Priya’s first birthday the petition was delivered to Amanda Rishworth, Minister for Employment and Workplace Relations, who reaffirmed the Government’s support for amending the Fair Work Act.

The Bill was formally introduced to the House of Representatives on 9 October, and after progressing through both chambers of Parliament, it will now receive Royal Assent to 

The passage of this legislation sends a strong message to all workplaces, including ECEC employers, about the importance of trauma-informed policy and compassionate practice. For educators and staff navigating grief, this law brings validation, legal protection and a foundation for healing.

The Baby Priya Bill marks a pivotal step forward in aligning workplace legislation with the lived realities of families and carers across the country, particularly those in care-focused sectors such as early learning, where empathy and understanding are central to everyday practice. As ECEC providers work to foster emotionally supportive and legally compliant environments, this law serves as a powerful reminder of the value of inclusive parental leave policies and the need to recognise every form of parenthood, including those marked by loss.

If you or someone you know is affected by the issues raised in this article, support is available through organisations such as Red Nose and Sands Australia on 1300 308 307.