Federal Parliament is discussing the Fair Work Amendment (Baby Priya’s) Bill 2025, which is named after baby Priya who heartbreakingly died when she was just 42 days old. Following this, Priya’s mother was told that her paid parental leave was no longer available, and she was asked to return to work. Understandably, this compounded Priya’s mothers grief, as it failed to recognise the immense pain families experience when losing a child.
This bill, also known as Priya’s Law, is a proposed amendment to the Fair Work Act. It ensures greater consistency for parents grieving the loss of a child, either through stillbirth or infant death, can access paid parental leave. It ensures employers cannot cancel employer-funded paid parental leave in the horrific event of a stillbirth or death of a child, unless this was specifically agreed upon by the employer and employee. It provides financial certainty for parents in their time of immense grief.
ACL supports the intentions of this bill, however further clarity is essential to ensure that parents who intentionally choose late term abortion and therefore lose a child through stillbirth, do not have the ability to access paid parental leave.
As it stands, it is unclear whether the term stillbirth applies to natural stillbirth or intended stillbirth through late-term abortion. It is possible that a mother could carry her baby, then choose a late term abortion just days or weeks before birth (resulting in stillbirth) only to make a claim for paid parental leave – a payment of up to $22,754.40 – through Priya’s Law.
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It is so important that this bill does not apply to late-term abortions. Profiting from abortion is pure evil.
Further complicating this is the fact that Australian residents can claim a Stillborn Baby Payment, which allows families to receive government payments whether or not the have had a natural stillbirth or an intended stillbirth through late-term abortion.
Unintended consequences can arise from legislation and clarity is essential to prevent unjust outcomes. In this bill, it is not clear whether a mother who has chosen to have an abortion between 20-40 weeks, resulting in a stillbirth, qualifies for the entitlements of parental leave. To ensure that these unintended consequences are removed, the bill must be unequivocally clear.
It is essential that the definitions within this bill are clarified to ensure that a stillbirth caused by a late-term abortion does not qualify for the support this bill offers.
It is important to note that this bill gives honour to babies, both unborn and born, who have died too young. It does not take away the pain and grief of such a loss, but it allows parents some time to grieve and time away from daily pressures such as work.
Treating an intentionally late-term aborted child in the same way as a natural stillbirth or a baby who dies shortly after birth is horrifying. Stillbirth is incredibly painful and should not be something Australians can play games with.
Providing certainty for families regarding paid parental leave is important. Providing incentive for late-term abortions is not – it is simply barbaric.
Currently the Fair Work Act provides many employees with an entitlement to unpaid parental leave (UPL), but not an entitlement to employer-funded paid parental leave (PPL). Instead, these agreements can be made between employees and employers on an individual basis or through enterprise agreements.
