Yes, according to a recent case, reports Lucy Boyle of 12 King’s Bench Walk Chambers for the Employment Law Bulletin.
A surrogate mother denied maternity leave on the grounds that she did not give birth to or adopt her child has won her claim against her employer at an employment tribunal.
The Advocate-General suggested that the Court of Justice of the European Union (CJEU) should find that an intended mother has the right to receive maternity leave under the Pregnant Workers Directive 92/85/EC and that compulsory leave of at least two weeks must be granted to both mothers.
Read more at: Maternity leave and surrogacy arrangements
