A re-elected Albanese Labor Government will legislate to guarantee that working parents dealing with stillbirth and early infant death can continue to access their employer-paid paid parental leave (PPL).
The action comes off the back of advocacy from Priya’s parents who brought attention to an issue not adequately addressed in existing workplace laws.
Priya was born prematurely at 24 weeks and 6 days. She passed away tragically six weeks after birth, after just 42 days of life, due to a condition unrelated to her prematurity.
Five days after informing her workplace of her daughter’s death, Priya’s mother was sent an SMS notifying her of the termination of her maternity leave.
“On behalf of mothers who are grieving, I am imploring the Australian government to make it illegal for employers to cancel paid maternity leave, which has been approved, in the event of infant death or stillbirth. I am asking for compassion to prevail,” the mother told her story to Mamamia published online on 12 April. A Change.org petition raised more than 25,800 signatures.
Federal Labor’s legislative change would be achieved by amending the Fair Work Act 2009 to clarify that an employee’s entitlement to employer PPL cannot be cancelled by an employer when:
- A child is stillborn and the employee would have been entitled to employer PPL if the child had been born alive; or
- A child dies while the employee is on employer PPL, or during a period of time the employee could have accessed employer PPL.
Currently, the Commonwealth’s PPL Scheme does not cancel payments to a parent in situations of stillbirth or early infant death.
The legislative change would bring the private sector into alignment with the Commonwealth scheme, removing any ambiguity for employers and parents.
The move would ensure that working parents are properly supported while dealing with devastating personal circumstances, said Federal Minister for Women Katy Gallagher.
“All Australians, especially women, should expect that if the worst happens they will be supported with the time and space to grieve, just like current recipients of the Commonwealth’s PPL scheme do.”
“This is a common-sense change, but a vitally important one for working parents.”
