Couple Calls for Maternity Leave Law Reform After Mother Forced Back to Work Following Baby’s Death

Introduction
An inner-west Sydney couple has reignited calls for reform in Australia’s maternity leave laws following the tragic loss of their six-week-old baby, Priya. While father Chris Breen, a high school teacher employed by the NSW government, was able to take his planned three months of parental leave, his wife—whose name remains unpublished—was compelled to return to work due to her employer canceling her paid maternity leave. This disparity highlights significant gaps in current legislation and underscores the need for more humane rules surrounding infant loss and stillbirths.

The couple has since launched a petition calling for an end to the practice of canceling maternity leave in cases of infant death or stillbirth, garnering over 10,000 signatures. Their advocacy sheds light on inconsistencies across employers and seeks to ensure all grieving parents receive equitable support.

Details of the Incident
Priya, born prematurely, spent her early days in the Neonatal Intensive Care Unit (NICU) before succumbing to an unrelated condition last July. Despite this tragedy, the employment services company for which Breen’s wife worked canceled her planned paid maternity leave, offering only four weeks of personal leave—a period shorter than her daughter’s life.

While she received government entitlements, these did not include paid leave, leaving her without financial or emotional respite during an already devastating time. When they sought guidance from the Fair Work Ombudsman, they were informed that the firm had acted within its rights under existing regulations.

Breen described the situation as “unfair,” noting the profound impact of having space to grieve compared to being thrust back into work prematurely. His wife echoed these sentiments, emphasizing the need for standardized, compassionate policies rather than leaving decisions to individual employers’ discretion.

Current Legislation and Legal Gaps
According to Dr. Giuseppe Carabetta, associate professor of employment law at the University of Technology Sydney Business School, current rules vary significantly depending on whether the child is stillborn or dies shortly after birth. Employees are entitled to unpaid parental leave for up to 12 months, along with compassionate leave, but there is no clear provision mandating paid leave in such circumstances.

This ambiguity leaves room for interpretation based on enterprise agreements, workplace policies, or employment contracts. For some mothers, like those contacting Breen’s wife through the petition, employers have granted full paid maternity leave despite the loss of their child. Others, however, face immediate return-to-work mandates, creating inconsistent outcomes for grieving families.

In 2021, Labor introduced a bill aimed at addressing this issue by altering paid parental leave provisions for stillbirths. Although it sparked emotional debates, including testimonies from women forced back to work mere days after losing their babies, the bill ultimately lapsed with the end of parliament.

Calls for Reform
The Brenns’ petition urging an end to the cancellation of maternity leave for infant deaths or stillbirths reflects growing demands for legislative clarity and compassion. Their campaign argues that employers should not hold sole discretion over granting leave in such traumatic situations. Instead, they advocate for standardized national provisions ensuring all grieving parents receive adequate support regardless of their employer’s policy.

Federal Minister for Employment and Workplace Relations Murray Watt acknowledged the issue, pledging to raise it with the National Workplace Consultative Council to identify potential solutions. Meanwhile, a spokesperson for the Fair Work Ombudsman reiterated that employer-provided paid parental leave terms depend on specific agreements or contracts, underscoring the need for uniformity in handling such sensitive matters.

Broader Implications
This case highlights broader concerns about workplace flexibility and empathy toward employees experiencing personal tragedies. Experts stress that revisiting maternity leave laws could foster greater inclusivity and support for vulnerable workers, particularly mothers navigating grief while balancing professional responsibilities. Standardizing provisions would also reduce disparities between public and private sector employees, ensuring fairness and dignity for all affected individuals.

As discussions around workplace culture evolve, policymakers must prioritize reforms that align with modern expectations of equity and compassion. The Brenns’ story serves as a poignant reminder of the importance of supportive frameworks during life’s most challenging moments.