s333X: s 333X Preserve employer-funded paid parental leave when a child is stillborn or dies
Where an employee would have been entitled to employer-funded paid parental leave for a child who is stillborn or dies, the employer does not, because of the stillbirth or death, refuse to allow the employee to take that leave or cancel any part of it without the employee's request, unless the employee's terms expressly allow refusal or cancellation or exclude the entitlement in those circumstances (not by a later unilateral change), or provide other leave that expressly addresses stillbirth or death (ignoring NES unpaid parental leave and compassionate leave).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s333X. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Employer paid parental leave policy updated for s 333X; Case records showing paid parental leave continued after stillbirth or infant death; Legal review of any express exclusion and its date
What usually goes missing
Paid parental leave cancelled on stillbirth; Policy amended unilaterally to exclude stillbirth after commencement; Managers unaware of the protection
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.