The Claim
“Protected parental leave after stillbirth or infant death”
Original Sources Provided
✅ FACTUAL VERIFICATION
Australia has implemented comprehensive protections for parental leave following stillbirth or infant death. The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023, which received Royal Assent on 30 June 2023, strengthened protections for employees experiencing stillbirth or infant loss [1]. These protections were further enhanced by the Fair Work Amendment (Baby Priya's) Act 2025, which received Royal Assent on 7 November 2025 [2].
Under current law, employees are entitled to take up to 12 months of unpaid parental leave if they experience a stillbirth or if their child dies during the first 24 months of life [1]. Importantly, employers cannot make an employee return to work or cancel their unpaid parental leave after a stillbirth or infant death, unless the employee provides at least 4 weeks written notice of their intention to return [1].
Government-funded Parental Leave Pay continues to be available to eligible employees in cases of stillbirth or infant death, allowing them to continue receiving financial support [3]. Additionally, the Fair Work Amendment (Baby Priya's) Act 2025 prevents employers from refusing or cancelling employer-funded paid parental leave in the event of stillbirth or infant death, with limited exceptions [2]. Employers who unlawfully refuse or cancel paid parental leave in these circumstances face civil penalties of up to $198,000 for serious breaches [2].
Missing Context
While the claim is factually accurate, several contextual elements deserve examination. First, the distinction between unpaid leave (12 months, protected by legislation since 2023) and employer-funded paid leave (newly protected as of November 2025 through Baby Priya's Law) is important. The unpaid parental leave protections existed before the Labor government came to power, though they were enhanced in 2023 [1].
Second, the government-funded Parental Leave Pay continuation for stillbirth and infant death cases has existed for some time and predates the Albanese government. The Parental Leave Pay scheme is government-funded and continues automatically in these circumstances [3].
Third, the most recent and significant achievement—preventing employers from cancelling paid parental leave following child loss—was only legislated in November 2025 through the Fair Work Amendment (Baby Priya's) Act 2025 [2]. This is a genuine government initiative but represents one specific protection rather than comprehensive "parental leave after loss" policy.
Fourth, the exceptions to the new Baby Priya's Law protection apply where employment contracts already allowed cancellation of paid leave due to stillbirth or death (if the clause existed before 7 November 2025) [2]. This means some employees with older contracts may lack protection.
Finally, the claim doesn't address whether these protections are unique or how Australia compares internationally on this issue. Countries like the United Kingdom, Canada, and parts of the United States have implemented similar parental bereavement leave protections, suggesting this is one component of a broader international trend rather than a distinctive Labor policy achievement.
💭 CRITICAL PERSPECTIVE
The claim is technically accurate and represents a genuine protection for grieving parents. The Fair Work Amendment (Baby Priya's) Act 2025, named after a baby who died at 42 days old, addresses a real gap in protections by preventing employers from withdrawing paid parental leave entitlements following child loss [2].
However, the claim benefits from simplification that obscures important nuances. The comprehensive landscape includes [1][2][3]:
- Unpaid leave protections (12 months, existing since at least 2023, strengthened but not created by Labor)
- Government-funded Parental Leave Pay (existing, continues automatically)
- Employer-funded paid leave protections (newly implemented November 2025 through Baby Priya's Law)
The achievements warrant credit—particularly the specific prohibition on cancelling paid leave—but describing this as "protected parental leave after loss" implies a more comprehensive, earlier, and more distinctive policy initiative than the reality. The most significant new element (Baby Priya's Law) came very recently in November 2025, during the policy announcement phase of the Albanese government.
Additionally, while the protections are meaningful, they operate within a system where:
- Parents must proactively claim Parental Leave Pay (doesn't happen automatically in all cases)
- The leave is unpaid in most circumstances (parents rely on government support or depleted savings)
- Employer compliance may vary, particularly for businesses unaware of the new November 2025 requirements
The protection is also primarily defensive (preventing cancellation) rather than providing new entitlements. Parents still have access to the same leave amounts; the Labor government has prevented employers from unfairly withdrawing those entitlements.
TRUE
7.5
out of 10
Australia has implemented protected parental leave entitlements following stillbirth or infant death. The Fair Work Amendment (Baby Priya's) Act 2025 represents a significant and specific achievement in preventing employer cancellation of paid parental leave in these circumstances. However, the claim benefits from simplification that doesn't distinguish between long-standing unpaid leave protections, existing government-funded leave pay, and the newly-implemented paid leave protections.
Final Score
7.5
OUT OF 10
TRUE
Australia has implemented protected parental leave entitlements following stillbirth or infant death. The Fair Work Amendment (Baby Priya's) Act 2025 represents a significant and specific achievement in preventing employer cancellation of paid parental leave in these circumstances. However, the claim benefits from simplification that doesn't distinguish between long-standing unpaid leave protections, existing government-funded leave pay, and the newly-implemented paid leave protections.
📚 SOURCES & CITATIONS (5)
-
1
Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 - Parental leave provisions
Fairwork Gov
-
2
Baby Priya's Law – Landmark Fair Work Amendment protecting paid parental leave after child loss
New Fair Work Act reforms protect employer-funded paid parental leave after stillbirth or infant death. Learn what Baby Priya’s Law means for employers.
Sprintlaw -
3
Parental Leave Pay and stillbirth or infant death - Paid Parental Leave scheme for employers
Servicesaustralia Gov
-
4
'Dignity': Baby Priya bill passes, protecting parental leave for stillbirth and infant deaths
The Albanese government said the laws give grieving parents financial certainty after stillbirth or infant death.
SBS News -
5
Parental leave and related entitlements fact sheet
Fairwork Gov
Rating Scale Methodology
1-3: FALSE
Factually incorrect or malicious fabrication.
4-6: PARTIAL
Some truth but context is missing or skewed.
7-9: MOSTLY TRUE
Minor technicalities or phrasing issues.
10: ACCURATE
Perfectly verified and contextually fair.
Methodology: Ratings are determined through cross-referencing official government records, independent fact-checking organizations, and primary source documents.