The legal gap forcing new mothers with cancer to choose between treatment and their baby

Why it matters: Under current legislation, maternity leave cannot be extended or delayed, meaning women who fall ill during this period can lose the time they had set aside to care for and bond with their baby.

The details: Lloyd Clarke, Partner and Head of Employment Law at Ipswich-based Attwells Solicitors, says the existing framework offers few viable alternatives for affected mothers.

"One current option is for mothers to take parental leave for up to 18 weeks'," Clarke said. "Unfortunately, it's not really a viable option for most parents because it is unpaid, and it does not provide a suitable alternative to extending or delaying maternity leave, which the law currently does not allow."

What they're saying: Nick Attwell, founder and chief executive of Attwells Solicitors, said the firm is backing calls for reform.

"The current legal framework does not allow for the deferral of maternity leave, meaning some women with cancer are made to choose between treatment and time with their baby," he said. "Allowing mothers to delay their maternity leave for up to a year would provide more flexibility and enjoys cross-party support."

The bigger picture: The issue has been brought into focus by cases such as that of Beth Dedman, who underwent months of treatment for Hodgkin's lymphoma during her maternity leave and missed out on time bonding with her newborn.

Campaign groups, including Mummy's Star, are pressing for legislative reform to allow mothers in these circumstances to defer their maternity leave until treatment has concluded.

What's next: The Government has confirmed that the issue is under review as part of a wider parental leave consultation, with potential reforms expected to be considered in the coming year.

The bottom line: For now, mothers diagnosed with cancer during pregnancy or shortly after birth have no legal right to pause or defer their maternity leave – a position campaigners, and some legal professionals, say needs to change.

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