For two generations, the fight for time off work after the birth of a child has focused exclusively on rights for women. But today a call comes from an unlikely source that turns this on its head.

The Equality and Human Rights Commission says that the scales have tipped too far in favour of mothers, and Britain now has the most unequal parental leave arrangements in Europe. It warns that well-meaning reforms, which will soon mean mothers having a full year of paid leave, have had the unintended consequence of discrimination against women as employers weigh up the costs of taking them on during childbearing years.

The rules mean that fathers are squeezed out of the early months of the child’s life as they head back to work after two weeks’ paternity leave.

This month a study by the Hire Scores recruitment agency suggested that the commission may be right. It found that half of British businesses admitted that the age of prospective female employees was a factor in deciding whom to hire, and 80 per cent would ask them what their plans were for a family if it were not illegal.

The commission proposes a radical overhaul of the current system to be introduced in three stages over ten years. Statutory maternity leave would be cut from the current nine months, back to six months. That would just about comply with World Health Organisation guidelines on breastfeeding, but be paid at a more generous 90 per cent of salary rather than £117.18 statutory allowance.

Thereafter, mothers and fathers would have equal rights to taking time off work to care for their children. First, both would be entitled to four months of paid parental leave. If the leave is not used up by either, it would be lost. They would then have an additional four months paid at a lower rate to divide between them.

The commission argues that the total time off currently available of 80 weeks is actually unchanged. That is the amount of time both parents are allowed when paternity leave, a year of maternity leave and unpaid parental leave for emergencies are added up. The plans redistribute the time more fairly. Low-income parents, who make less use of the current maternity and paternity leave allowance, would be far more likely to make use of the new rights, it argues.

Although policy chiefs at the commission argue that nothing is being taken away from women, the reality is that few families are going to be able to take the full 80 weeks of leave. It is likely that the more time fathers take off, the less mothers would take.

A poll conducted for the report, Working Better, found reasonable although not overwhelming support for the changes among new parents. More than half (54 per cent) of new fathers with children under one said they felt that they spent too little time with their children. More than half of parents (53 per cent) said that current childcare arrangements were made by necessity rather than choice.

The report, which is timed to feed into the manifesto drafting by the main political parties, is the final contribution to the parental leave debate from Nicola Brewer, chief executive of the commission, who first voiced her concern that things had gone too far last year.

She has unexpectedly announced her resignation days before the report’s publication. A spokesman for the commission said that her undisclosed new job is a opportunity that she could not turn down. However, her departure, along with the resignation of Patrick Diamond, head of strategy, and Kay Hampton, a commissioner, have raised questions over the effectiveness of the commission in its first 18 months. The questions have centred on Trevor Phillips, the chairman, who critics say is too close to ministers – in particular Lord Mandelson, the Business Secretary – really to stand up for its interest groups.

In a rare act of criticism, Katherine Rake, director of the Fawcett Society group, questioned whether the commission was punching its weight.

“Fawcett has always been supportive of the principle of a single equality commission and we recognise that this is a new and complex agenda. However, after 18 months of operation this body has made insufficient progress. The commission has yet to take up its statutory functions fully or to present a coherent and convincing vision of how it supports equality and rights in the UK. “ During the life of the Equal Opportunities Commission, we saw directly the benefits that came from a clear voice and vision. All eyes will now be on the commission to see if it can use this moment of internal turbulence as a force for good. It needs to set out its own bold vision for the forthcoming Equality Bill.”

How we compare

Britain Nine months’ maternity leave, set to increase to one year. 90 per cent pay for the first six weeks, thereafter low flat rate or unpaid. Two weeks’ paid paternity leave by 2010 could increase to 26 weeks at low pay rate, taken at different time to mother

France Four months’ maternity leave: six weeks before birth and ten afterwards

Sweden 480 days, of which 390 days are paid at 80 per cent and 90 days at a flat rate. The leave must be shared between both parents, with the maximum claim for one parent being 420 days

Germany One year maximum parental leave from work, two months for second parent. Up to 67 per cent of earnings paid

Norway Fifty-four weeks of highly paid parental leave, of which nine weeks are reserved for the mother and six weeks for the father. Initial two weeks of “daddy leave” on full pay

Greece 16 weeks’ paid maternity leave: eight weeks before, eight after

Switzerland 98 days’ paid maternity leave after the birth of a child at 80 per cent pay

Sources: European Jobs Mobility Portal, Equality Commission, thelocal.se

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