Ministerial and other Maternity Allowances Act 2021

It was announced on 4 February 2021 that the government was going to update the law to allow Attorney General Suella Braverman, who was expecting her second child, to take six months of maternity leave.[1]

The Act received Royal Assent on 1 March 2021. It was passed as introduced, except for that the gender neutral "person" was replaced with "mother" or "mother or expectant mother",[2] which came after some MPs complained.[3]

Adoption, shared parental leave, longer term sickness absence, unpaid ministerial roles and the position of backbench MPs are all set to be revisited before the summer recess.[4]

The Act creates a discretionary power for the Prime Minister and the Leaders of the Opposition in the House of Commons and House of Lords to grant certain office holders six months maternity leave at full pay.[5]

In the case of ministers, the Prime Minister may designate that person a Minister on Leave, an office which comes with the salary of that person's previous office (or current office if reshuffled) for up to six months.[6] Another person may then be appointed to the Minister on Leave's previous office.

In the case of opposition figures (Shadow Cabinet), the Act allows an additional person to be appointed to a paid opposition office for up to six months.[7]

Ministers have no rights of maternity leave, as their status and constitutional position means that they are not treated as workers or employees.[8]

The Act has been criticised by Stella Creasy for not extending to MPs.[3] It has also been pointed out by Wendy Chamberlain that locum provisions are not yet available for male MPs on paternity leave.[3] Additionally, Yvette Cooper has argued that the Act does not include any provisions for male ministers to take longer paternity leave.[3]

James Hand, Reader in Law at Portsmouth Law School, University of Portsmouth, said that the House of Commons spent four hours over the bill, with significant time being devoted to the question of using gender neutral language.[4] Additionally, he has said that the Act does not provide a right for ministers to take maternity leave; it remains at the discretion of the Prime Minister.[4] He has also said that, under the Act, the minister has to technically vacate their office, contrary to the concept of maternity keeping-in-touch days, though as members of the government they can continue to be briefed.[4] Finally, Hand has said that the Act gives no guarantee that the Minister on Leave would revert to their original position when they return,[4] concluding "[t]his rushed provision, with its partial and in some ways retrogressive approach to maternity leave (in forcing the minister to leave their post), is attributable to the Attorney-General being set to take maternity leave within a month."[4]

So far, the Act has been used twice.