‘The European Court (CJEU) has now considered two requests for preliminary ruling made in proceedings between intended mothers (also referred to as a commissioning mother) who have had babies through a surrogacy arrangement, and their employers concerning the refusal to grant them paid leave following the birth of the babies. It has replied that EU law does not provide for commissioning mothers to be entitled to paid leave equivalent to maternity leave or adoption leave.’
UK Human Rights Blog, 26th March 2014
‘In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.’
Halsbury’s Law Exchange, 26th March 2014
“Council Directives 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”
WLR Daily, 19th September 2013
“The Government has published its response to the ‘Modern Workplaces’ consultation on the overhaul of family rights at work, including shared parental leave, extended flexible working and new rights for surrogate parents. Rachel Crasnow explains the issues.”
Cloisters, 17th January 2013
“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”
WLR Daily, 10th March 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Why are we asking this now?
The Equality and Human Rights Commission (EHRC) has called for a dramatic change in parental leave arrangements to ensure that fathers and lower-income parents are better served. The Commission insists that mothers and fathers should be able to share the leave allowance to give men more time with their children while both maternity and paternity pay should be raised to encourage low income families to take advantage of the benefit.”
The Independent, 31st March 2009
“The head of the Equalities and Human Rights Commission, Nicola Brewer, has just announced that recent and future improvements to maternity pay may, ironically, be backfiring on women by making employers wary of hiring and promoting them. The industrial neanderthal Sir Alan Sugar has added fuel to the fire by claiming recently that many employers bin the CVs of women of childbearing age without even considering their job applications.”
The Independent, 15th July 2008