A grieving mum who had her planned paternity leave cancelled after the death of her first child is now calling for change.
Chris Breen’s wife, who did not wish to be named, had her parental leave cut short when their newborn daughter Priya died unexpectedly in July 2024.
Born four months premature, baby Priya was doing well in the neonatal intensive care unit but died six weeks later due to an unrelated condition.
Mr Breen, who works as a high school teacher in Sydney, is employed by the NSW government and had access to three months paid leave after his daughter’s death.
His wife however was ordered to return to work as soon as possible after informing her employer.
The couple reported the ‘inhumane’ request to the Fair Work Ombudsman, which sided with the employment services company she worked at.
NSW law does not provide employees with paid leave if a baby is stillborn or dies within 24 months after birth.
The couple are now lobbying the NSW government to change the laws in the hope that no other grieving parent goes through a similar harrowing ordeal.
Chris Breen and his wife are lobbying the NSW government to change its laws around paid parental leave when a newborn baby dies
Mr Breen’s wife had her maternity leave cancelled following the unexpected death of their six-week-old daughter Priya (pictured)
Mr Breen said that his wife was ‘devastated’ that she was forced back to work without the chance to mourn the loss of their baby girl.
‘It was so unfair,’ he told Nine News.
‘When she was back at work, crying, I was at home.
‘It made a big difference to me just having the space to deal with those emotions.’
His wife was provided with four weeks paid leave and other government entitlements, which she says didn’t make much of a difference.
‘It made me think that my baby didn’t matter, like her life didn’t matter,’ she said.
‘I don’t want any other woman who experiences any child loss to go through this.’
The couple have launched a Change.org petition urging the state to change overhaul its parental leave laws, which has already attracted more than 10,000 signatures.
The NSW Ombudsman told the couple that employers were not required to provide paid leave for parents whose newborns die within 24 months of birth or are stillborn
Currently, parents who lose a newborn child are entitled to 12 months of unpaid parental leave.
The couple are lobbying for guaranteed paid leave for parents mourning the loss of a newborn.
‘The act of giving birth is the reason women are entitled to maternity leave. The tragic loss of the baby’s life does not alter that fact,’ the petition states.
‘Where has compassion and understanding of women’s health gone? Women need time for many things, grief, bodily changes, alteration of one’s own expectations. Give the woman a fair go.’
‘No parent should ever have to go through this again.’
Since going public with their ordeal, the Breens have been inundated with messages from other grieving parents recalling their experiences.
While some were granted their full paid maternity leave, others were forced back to work.
‘It is just horrific and inhumane,’ the grieving mum said.
‘I want the government to change the Fair Work laws and not let employers in the private sector be given the onus of whether they want to give leave, and if so how much.
Mr Breen added: ‘The law is silent on whether they can cancel paid leave – it differs company to company.’
Federal employment and workplace relations minister Murray Watt vowed to raise the issue with the National Workplace Consultative Council
After becoming aware of the couple’s story, federal employment and workplace relations minister Murray Watt has requested the issue be raised at the next National Workplace Consultative Council meeting ‘with a view to closing any gap.’
Federal Labor introduced a bill aimed addressing the issue while in opposition in 2021.
The law would have provided paid parental leave for stillbirths.
Despite discussions and a testimonial from one woman who said they were forced back to work 11 days after their baby died, the bill didn’t proceed after a second reading in the Senate and lapsed at the end of parliament.
