SENATOR THE HON KATY GALLAGHER
MINISTER FINANCE
MINISTER FOR WOMEN
MINISTER FOR THE PUBLIC SERVICE
MINISTER FOR GOVERNMENT SERVICES

SENATOR MURRAY WATT
MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS  

LABOR TO LEGISLATE TO ADDRESS PAID PARENTAL LEAVE GAP FOR GRIEVING PARENTS

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).

This step will ensure that working parents are properly supported while dealing with devastating personal circumstances.

This will 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.

The action comes off the back of advocacy from Priya’s parents who, through bravely telling their story, have brought attention to an issue not adequately addressed in existing workplace laws.

The Commonwealth’s PPL Scheme does not cancel payments to a parent in situations of stillbirth or early infant death.

Our change will bring the private sector into alignment with the Commonwealth scheme, removing any ambiguity for employers and parents.

This commitment builds on Labor’s strong support for new parents, including at work. Since 2022 we have:

• Extended Government PPL to 26 weeks by 2026, and made it more flexible for both parents to access - and we’ll pay super on it from July this year.
• Provided more support for families experiencing stillbirth, including $7.1m to extend a range of services to reduce the stillbirth rate in Australia and support families experiencing stillbirth, and investment to support the National Stillbirth Action and Implementation Plan 2020 – 2030.
• Increased support for women at work, including making gender equality an object of the Fair Work Act, and strengthening the right to request flexible work arrangements and the right to request an extension of unpaid parental leave.

Quotes attributable to Minister for Employment and Workplace Relations Murray Watt:

“The loss of any child is an absolute tragedy and finances are the last thing parents should have to deal with in a time of grief.

“This change will address a clear gap in our laws and hopefully go some way to taking some stress away in an unbelievably difficult time.

“I want to acknowledge the bravery of Priya’s parents whose advocacy will ensure that no other parent ever has to deal with this unacceptable situation.

“I also acknowledge the support provided by the Australian Services Union on behalf of their members.

“I hope that this change will ensure working parents are properly supported in the future.”

Quotes attributable to Minister for Women Katy Gallagher:

“No grieving parent should be forced straight back into the office because of a legal loophole.

“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.

“That’s why a re-elected Labor government will take steps to ensure that what happened to Priya’s mum won’t ever happen to anyone else.

“This is a common-sense change, but a vitally important one for working parents.”