Priya’s Law – Compassionate Parental Leave Protections for Grieving Families

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Australia has introduced an important reform that strengthens workplace protections for families experiencing unimaginable loss. Priya’s Law, taking effect on 7 November 2025, amends the Fair Work Act 2009 to safeguard paid parental leave for parents who experience a stillbirth or newborn death.
What’s Changing?
Before Priya’s Law, some employers could revoke paid parental leave that had already been approved—leaving grieving parents without support at a critical time.
Priya’s Law now ensures:
  • Approved employer-funded paid parental leave cannot be cancelled following a stillbirth or early infant death.
  • The only exceptions are:
    • where a prior written agreement exists,
    • where a legal exception applies, or
    • where the employee requests cancellation.
The protection applies when:
  • The employee would have been entitled to the leave had the child been born alive and survived.
  • The leave relates to the birth or adoption of the employee’s child or their spouse/de facto partner’s child.
Why It Matters
This change recognises the deep emotional toll of losing a child and ensures stability at a time when families need compassion most. Employers are not required to offer paid parental leave, but once approved, it must be honoured.
What Employers Should Do Now
  • Review paid parental leave policies.
  • Train leaders and HR teams on the new protections.
  • Ensure compassionate and lawful processes are in place.
For guidance updating your policies or parental leave arrangements, Explore Potential is here to help.
Phone: 7095 1830