Kevin Hogan (Page, National Party, Assistant Minister to the Deputy Prime Minister) Share this | Hansard source

I thank all members for their contributions to the debate on the bill. The government is pleased to be delivering on its commitment to provide improved support for families who experience stillbirth or the death of a child in the first 24 months, and to be introducing much-needed flexibility into the unpaid parental leave provisions. This bill marks an important step in unpaid parental leave entitlements, which are just as important during the COVID-19 pandemic as they were before.

These are sensible and measured reforms. While continuing to implement the specific measures to support families impacted by COVID-19, the government is progressing these important reforms to unpaid parental leave as part of our ongoing commitment to parents and families. Clear and consistent minimum standards in relation to leave entitlements, with improved support for families who experience stillbirth, are some of the actions this government is taking under the National Stillbirth Action and Implementation Plan.

Every day in Australia six babies are stillborn, affecting over 2,000 families each year. Parents whose baby is stillborn or dies in the first 24 month of life should not be required to return from leave earlier than they would like. While we know most employers support their employees in tough times, the changes in the bill will provide certainty to parents who experience stillbirth by ensuring their unpaid parental leave entitlements under the Fair Work Act would be the same as if their baby had lived. This means that, for an employee whose baby is stillborn or dies in the first 24 months of life, the bill will ensure that the employer will no longer be able to cancel any upcoming unpaid parental leave they might have or, if they are already on leave, require them to return to work earlier than they may wish to.

While not all parents will want to remain on unpaid parental leave for the full 12-month period, it is important that the option is available to them. The bill will also provide better and clearer access to compassionate leave in relation to stillborn babies. Parents on unpaid parental leave will be able to take compassionate leave if the child to whom the parental leave relates is stillborn or dies. Unfortunately, there are also children who are hospitalised immediately after birth. For these parents, the law shouldn't hinder sensible agreements at the workplace level. We've heard from parents that the current Fair Work Act is too rigid in situations where a baby is hospitalised immediately after birth, which is particularly concerning for parents of babies born prematurely. Many parents would like to be able to work while their baby is in hospital and preserve their unpaid parental leave for when the baby comes. The bill will allow parents in such situations to agree with their employer to effectively put their unpaid parental leave on hold, work while their baby is hospitalised and resume their unpaid parental leave when their baby is discharged. This will give parents the ability to work while their baby is in hospital, if it suits them and their employer, and have more of their 12-month leave entitlement to spend at home with their child.

The bill also increases the flexibility of the unpaid parental leave provisions complementing the flexibility improvements in the government's Paid Parental Leave Scheme. Introducing greater flexibility into how parents can take unpaid parental leave will help participation and productivity. Under the new flexible component of the Paid Parental Leave Scheme parents can claim up to 30 days of their 18-week parental leave entitlement for periods as short as one day any time before the child turns two years old. The Fair Work Act changes will provide complementary flexibility to the existing 12-month unpaid parental leave entitlement by providing the capacity for parents to take up to 30 days of the existing unpaid parental leave entitlement flexibly within two years of the child's birth or adoption.

Employees will need to give their employer appropriate notice of their intention to use some of the 12-month entitlement flexibility before actually taking flexible unpaid parental leave, aligned with the existing notice provisions for unpaid parental leave in the Fair Work Act as far as possible. This will assist employers with supporting their employees, who are now parents, while managing their operational requirements for the broader workforce. Greater flexibility for employees and employers will be vitally important to the economic recovery from the crisis wrought by the COVID-19 pandemic.

In conclusion, the amendments in the bill are compassionate reforms that will provide parents with more support and clarity around their unpaid parental leave entitlements if they experience a stillbirth or the death of a child in the first two years of life, ensuring these parents can take the leave they had planned to take. The amendments in the bill are sensible reforms that will provide parents with more flexibility when their baby is hospitalised following birth and when making decisions about how to organise work and caring commitments. The measures in the bill are an important package of reforms that provide parents with improved support and greater choice and flexibility to combine care and work responsibilities. Finally, I want to recognise and thank all the parents who gave their time and shared their stories. I pay tribute to the precious children they lost. I commend the bill to the House.

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