The government is in talks with the nursing unions to agree a deal for maternity leave for nursing and midwifery students.

The talks are a step towards victory for three student midwives who took the government to an employment tribunal to highlight the fact that when, as students, they had babies their bursaries were stopped and they did not qualify for maternity leave.

Clare Fletcher, Tracey Parkes and Shelley Wilkinson were each left penniless when they had their children, but in June the employment appeal tribunal overturned the decision of a previous tribunal to rule that the Department of Health (DoH) was guilty of sex discrimination against the students.

George Georgiou, an employment relations adviser for the Royal College of Midwives (RCM), who is taking part in the talks, said the discussions were on going.

"There's no guarantee of the outcome other than the fact that things can't stay as they are because the government's current policy has been judged to discriminate against women. A new system has to be put in place."

The government and the unions are scheduled to meet again next week. The talks are initially focusing on the length of time NHS students should receive maternity pay. The DoH is understood to have made an initial offer of 26 weeks, while the unions are arguing for 40.

Mr Georgiou added that the problem of maternity leave for student nurses and midwives came up regularly, and more students had been seeking help since the publicity surrounding the tribunal.

Joanna Wade, the lawyer representing the three students, told the Nursing Times: "The really fantastic thing is that we are now 90% certain that the bursary scheme will be changed in future and that was what they were doing it for. Not every individual manages to change the rules for everybody else - that's the real prize."

Gail Adams, head of nursing at the public services union Unison, said: "We welcome the commitment from the Department of Health to find a lasting solution for midwifery and nursing students who become pregnant while training.

"Unison have proposed 40 weeks maternity 'pay' for trainees, as a reasonable period for mother and child to adjust. Students need to feel happy about being able to continue their course and care for their baby at the same time. A reasonable period will also help to cut the high attrition rates.

"Unison and the RCM supported Clare Fletcher, Tracey Parkes and Shelley Wilkinson through their legal battle and I am delighted that their perseverance has paid off. We are on the brink of a real breakthrough for all NHS bursary students."

The DoH is currently under no obligation to pay maternity leave to students studying to work for the NHS. Some institutes have opted to make the payments themselves.

A DoH spokeswoman said the department would be making an announcement in due course.