Key Points
- Reena's pre-approved maternity leave was cancelled after her Infant died at six weeks.
- Under current federal law, employers can cancel paid maternity leave if their policies allow it, according to experts.
- Both the ALP and the Coalition have promised to amend the Fair Work Act 2009 to ensure paid maternity leave cannot be cancelled in the event of the death of a baby.
After spending three weeks in the hospital, Reena (not her real name) gave birth to a premature baby she named Priya.
Excitement turned to heartbreak for Reena and her husband Chris, who were forced to see their baby girl struggling for life and fighting each day in the Neonatal Intensive Care Unit (NICU).
Priya succumbed to health complications and died six weeks after birth.
Due to grieving and making funeral arrangements, Reena said it took five days for her to inform her employer that her baby had passed away.
"A few colleagues sent me condolences and flowers. But after a few days, I received a text from my company that my paid maternity leave had been cancelled," she said.
At that time, Reena could not face "fighting back" against the decision to cancel her leave and instead returned to work.
She told SBS Punjabi that she used to cry at her desk or in the bathroom because she was struggling to cope with the loss of her daughter.
When she realised that she was not prepared to work, she approached her employer seeking six weeks of paid maternity leave to be reinstated, as her child had lived for that amount of time.
She did not receive an answer, and after exhausting all other paid leave reserves, she decided to resign from her job.
"You expect that people in such a situation would be more human to you, but instead I felt I was kicked in the guts," she said.
Petitioning for change
Determined to save other mothers from going through the same experience and to change the relevant law, Reena started a petition on what would have been Priya's eighth month of life.
The petition received 25,000 signatures in just one month.
Reena believes it should be illegal to cancel pre-approved paid maternity leave for mothers, whether their child was stillborn or died after birth.
In 2022, in Australia, and of these, 2,183 were stillbirths, 714 were neonatal deaths, and 100 were caused by Sudden Infant Death Syndrome (SIDS).
Supporters of the petition shared their experiences.
One mother claimed she was forced to take personal leave and annual leave when she lost her baby at 17 weeks' gestation.
Another said: "My mother experienced something similar in 1950, and it appears we have not learned or improved all these years (later)."
was published. This first review of the act in 40 years received almost 190 public submissions from Commonwealth agencies, individuals, academics, unions, peak bodies, and employee networks.
While the report concluded that the act no longer met the needs of today's employees, it did not address paid maternity leave policy for mothers of stillborn babies or babies who died within a few weeks of birth.
Can a company cancel pre-approved maternity leave?
Hanina Rind is the founder and principal lawyer of Yarn Legal in Melbourne and has expertise in injury and employment matters.
She told SBS that while Reena's situation was very stressful and sad, cancelling her maternity leave was not against the law.
"Under current federal law, employers can cancel paid maternity leave if their policies allow it, even in cases of stillbirth or infant death," Rind said.
"While the Fair Work Act 2009 explicitly protects unpaid parental leave (ensuring 12 months’ entitlement regardless of infant loss), paid leave is governed by employer discretion, enterprise agreements, or the government’s Paid Parental Leave scheme."
Founder and principal lawyer of Yarn Legal, Hanina Rind. Credit: Hanina Rind
She said her company had refused her request for a flexible work arrangement and she won an unfair dismissal case she brought against them.
She cited Australia Institute research showing 52 per cent of women in full-time roles could not access employer-paid maternity leave, leaving them vulnerable to sudden policy changes.
She advised open communication with HR and supervisors, keeping records of all correspondence, and seeking advice early to ensure a supportive and compliant transition into parental leave.
Policy shift to make maternity leave accessible to all
Federal Minister for Employment and Workplace Relations, Murray Watt, announced that if re-elected, a Labor government would change the Fair Work Act 2009 to make paid maternity leave accessible for all parents, even if their children were stillborn or died in the weeks after birth.
The opposition has matched Watt's pledge, saying if elected, they would ensure situations like Reena's did not happen to any more parents.
"This case is incredibly distressing. Our hearts go out to these parents who have lost their child," Shadow Employment and Workplace Relations Minister Senator Michaelia Cash told SBS Punjabi.
"A Dutton Coalition Government will ensure those who suffer the tragedy of losing a child whilst on paid parental leave will not have that leave cancelled."
For Reena, both announcements were bittersweet.
"I wish I never had to go through the trauma from my workplace but another part of me is very happy (about) this announcement," she said.
She attributed the policy shift to her petition and said it was a "tribute" to every person who signed it.
If you or anyone you know is struggling with mental stress, support is available at app at helpline 1300 726 306.
Information is provided by the government for new parents in . Full information about the unpaid maternity leave and other parental entitlements is available on the website of .
For news, information, and interviews in Punjabi from Australia and the homeland, tune into SBS Punjabi live, Monday to Friday at 4pm, on, digital radio (channel 305 on your television) or via the . You can also stream directly from our .
