'When my baby passed away, my work cancelled my maternity leave.'

This story mentions infant loss.

As told to Rachel Toyer

This is my baby. Her name is Priya. She was born in June 2024.

For six weeks, she was nestled in a humidicrib in a Sydney hospital. For up to three blissful hours a day, I held her in my chest. These "kangaroo cuddles" were the highlight of my day. At night, my husband and I sat by her side, singing her songs and reading her books. We dreamed of the day we would bring her home.

Baby Priya. Image: Supplied.

Baby Priya was born at just 24 weeks and six days. Despite this, medical professionals were optimistic that she would thrive. When she came into this world, she was a miracle – an utter delight and so very special.

But when she was six weeks old, after just 42 days of life, 126 hours of cuddles with her mummy and 126 hours of cuddles with her daddy… she closed her eyes and never woke.

Grief consumed me.

Five days later, I called to tell my employer of my loss. I have worked with my employer for over eleven years.

They had been happy for me when I announced my pregnancy. Many of my colleagues expressed their heartfelt condolences and some of them sent me flowers.

However, whilst giving condolences, I was informed, by two senior staff members, that they were going to "sort out" my leave. I was shocked as I didn't think that my leave needed to be "sorted out" – it had all been pre-arranged and approved.

Watch: The reality of parents who are living through the grief of child loss. Post continues after video.

Five days later, they sent me an SMS notifying me of the termination of my maternity leave.

Maternity leave, which I had not even begun – because they had urged me to use all of my annual leave and long service leave, first - even after Baby Priya was born, and until she died, six weeks later.

And now that my baby was no longer alive, they said I was no longer entitled to the pre-approved 90 days of maternity leave.

My husband, a NSW Department of Education teacher, was already accessing "pre-term baby leave", an initiative which began in 2021 to support the parents of premature babies. From the day Priya left us, he began about three months of paid paternity leave. The NSW Department of Education did not retract his leave because our baby had died. They offered compassion and support.

The shock of losing Priya became surreal, when I contemplated the possibility that I would soon have to return to work. In a fog of grief, I was offered "four weeks' paid personal leave," instead of maternity leave and "three days bereavement leave". I was in shock.

I messaged them back, asking if the six weeks of her precious life could be covered by six weeks of personal leave, at least, instead of the four they had offered.

They did not reply. My grief spiralled.

I reflected on how it had come to this. Like so many working mums, I was determined to prove my loyalty to my career. From my hospital bed, as I waited for baby Priya's arrival into the world, I returned work emails and made work calls to help my clients. I believed I would transition into what would soon be maternity leave.

While I was on bedrest, I took sick leave and then some annual leave. It had been my intention to convert this to maternity leave when baby Priya was earthside.

My baby's name means 'Beloved' in Sanskrit.

I was her mother for 42 days, and I am STILL her mother. It is in her name, as Priya's mother, that I will ensure no other Australian grieving a stillbirth, or infant death, has her paid Maternity Leave cancelled by her employer.

Instead, I was offered four weeks' paid personal leave – to cover the first four weeks of my daughter's short life. But not the last two.

It seems unfathomable in Australia, in 2025, that this is even possible. And yet, here we are.

Fair Work Australia has confirmed that paid maternity leave by employers in Australia is encouraged but not required. And although my employer does offer paid maternity leave, Fair Work Australia informed me that it is at their discretion to cancel it.

These inhumane laws must change.

On behalf of mothers who are grieving, I am imploring the Australian Government to make it illegal for employers to cancel paid maternity leave, which has been approved, in the event of infant death or stillbirth.

I am asking for compassion to prevail.

I am asking, specifically, for Minister Murray Watt, Federal Minister for Employment and Workplace Relations of Australia, to keep his word to close the gaps in current workplace laws, when he presents the story of Baby Priya at the next National Workplace Relations Consultative Council.

The current laws that deny women their right to grieve without financial burden need to change.

I have written to him and am waiting for a further reply about what changes he is proposing.

Australian law must change to reflect what is morally right. Baby Priya's life was short, but with your support, her legacy will be to change these laws.

To deny maternity leave to mothers who have just birthed their babies… is an indignity we should not allow happening to anyone. Not now, and never again.

Please support me in making it illegal for employers to cancel approved maternity leave on the grounds of stillbirth or infant loss.

Please show your support by signing Baby Priya's petition.

With love,

Priya's Mum xxx

If this has raised any issues for you or if you would like to speak with someone, please contact the Sands Australia 24-hour support line on 1300 072 637. 

You can download Never Forgotten: Stories of love, loss and healing after miscarriage, stillbirth, and neonatal death for free here.

Feature image: Supplied.