Couple grieving baby’s death call for new law

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When Chris Breen and his wife lost their baby when he was only six weeks, they needed time to cry.

But while Breen could still take his planned three months of parental Leave, his wife, who did not want his name to be published, was forced to return to work.

This is because its employer canceled its planned remunerated maternity license.

When Chris Breen and his wife lost their baby when he was only six weeks, they needed time to cry. But while Breen, 55, could still take his three months of parental license, his wife, who did not want his name to be published, was forced to return to work. (Nine)

“Priya’s mother was devastated,” Breen told 9News.

“When I returned to work, crying, I was at home.

“It made a big difference for me just having the space to deal with those emotions.

“It’s just an unfair situation.”

Breen, a high school teacher used by the Government of Nueva Wales del Sur, said he lost to Priya, his wife’s first baby, last July.

Priya had been in the UCIN when he was born prematurely, and it was fine.

But she died a few weeks later because of an unrelated condition.

When his mother told his work, the employment services company informed him that he could not take his planned maternity leave.

Instead, he gave him personal permission for four weeks, which did not even cover the time his daughter was alive.

She obtained the rights of the Government, but Breen said that when they contacted the defender of the people of just work, they were told that the company did nothing wrong. He was allowed to cancel his planned paid license.

The Ombudsman says If a baby is dead dead or dies in the first 24 months, an eligible employee still has the right to take the license of the parents to 12 months, but not paid.

Now the internal and west Sydney couple is asking for a change.

They want to see that a law changes to offer “human” rules that do not force people to return to work after such losses.

A petition began to ask for “canceling the maternity leave for child death or dead deaths” has more than 10,000 signatures

“The law does not say in silence if they can cancel the paid license: it differs from the company to the company,” Breen said.

His wife said that since they began the request that other mothers who lost their babies had contacted her.

Some have allowed their paid maternity license, but others have also had to return to work.

“It’s simply horrible and inhuman,” he said.

“I want the government to change fair labor laws and do not allow employers in the private sector to have the responsibility of whether they want to give permission and, if so, how much.”

Dr. Giuseppe Carabetta, associate professor of Labor Law at the Technological University of Sydney Business School, said the rules also varied for government support.

“In the horrible situation in which a baby is born dead, the employee is prohibited from taking what is known as a special unpaid license under our national provisions; however, there is a disposition for the unpaid parental license, as well as a compassionate permit,” he said.

In 2021, work introduced a bill to change the law with parental license paid for fetal death.

Despite emotional discussions, including details about a woman forced to return to work 11 days after the loss of his baby, he fell at the end of Parliament.

Asked by 9News, Minister of Federal Employment Relations and Place Murray Watt said he would present the issue to the National Consultative Council of the workplace in order to close any gap.

A spokeswoman for Australia’s fair work issued a statement to 9News.

“For the remunerated parental license provided by the employer, if an employer can cancel the remunerated parental license if the employee’s son dies within the license period would depend on the terms within the source of the right, whether it is the business agreement of an employee, the labor policy or the labor contract,” he said.

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