Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) 2020

✦ Plain-English Summary

# Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) 2020

## What it does
This law improves parental leave protections for parents who experience stillbirth or the death of a child, and makes unpaid parental leave more flexible. It recognises that parents need time off work in these tragic circumstances, and allows parents to use their parental leave entitlements in more adaptable ways rather than taking it as one continuous block.

## Why it matters
Losing a child is devastating, and parents shouldn't face pressure to return to work immediately while grieving. Making parental leave more flexible also helps parents balance work with caring responsibilities in ways that suit their families better—whether that's taking leave in smaller chunks or adjusting timing.

## Key details
- **Stillbirth support**: Parents who have a stillborn baby now get explicit recognition and entitlements under parental leave laws (previously this gap existed).
- **Flexible leave**: Parents can take unpaid parental leave in more broken-up periods, rather than being forced to take it all at once.
- **Hospital stays**: If a newborn stays in hospital due to premature birth or complications, parents aren't forced to "use up" their parental leave during that time—they get flexibility to work during the hospital period without it counting against their leave balance.
- **Commenced**: The bill took effect from the day after receiving Royal Assent (late 2020).

Official Description

Amends the Fair Work Act 2009 to: respond to the report of the Senate Select Committee on Stillbirth Research and Education by amending and clarifying the minimum leave entitlements for parents of stillborn babies and babies who die during the first 24 months of life, and providing that where a baby remains in hospital or is hospitalised immediately following birth, the employer and employee can agree to the employee returning to work while their baby is in hospital and recommencing their unpaid parental leave when the baby is discharged; and provide the ability for employees who are eligible to take unpaid parental leave (UPL) to take up to 30 days of their 12-month entitlement to UPL flexibly, including on a single-day basis, within 24 months of the birth or adoption of a child.

Full bill PDF →APH page →

Audit History

Introduced

3 Sept 2020

Last updated on APH

10 Apr 2026

Outcome date

26 Nov 2020

Last checked by Crossbench

2 days ago

Full text indexed

2 days ago

🗳️

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

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