How does maternity leave work for a law firm partner? No FMLA?

[Anonymous]

Could you tell me if you've taken a maternity leave while a law firm partner? Now that I'm no longer an employee, I'm told I'm not eligible for FMLA or other benefits, and that the firm could decide to cut my draw (pay). What was your experience? Any guidance on how to raise this with the firm?

[Anonymous]

I went out on maternity leave exactly 3 months after becoming a partner. I'm with a smaller firm, so (i) my experience may not be germane to large firm practice, and (ii) FMLA doesn't appply to us b/c of the # of employees at our firm. That said, I took 3.5 months off and received my full salary and full profits draw while out and for the remainder of the year. I billed between 20 and 60 hours each of the months I was out on leave, basically doing what I could when my baby was sleeping, having our nanny take him if I had to do a conference call, etc. (By contrast, with my first maternity leave, I was still an associate, and I didn't bill at all during those 3.5 months). GL!

[Anonymous]

FMLA doesn't cover pay, it simply says that they can't fire you for taking up to 3 months to care for your child. I'm a federal attorney, and the only pay I received while out on maternity leave was what I cobbled together from sick leave and annual leave. I took a fair amount of leave without pay because I knew once my son was in daycare I'd probably need some days to care for him when he caught a cold.

So, you can ask your firm if you're covered by Short Term Disability (which is the mechanism by which most employees get their 60% pay during maternity leave). Other than that, I would expect to receive less of a draw for the year.

[Anonymous]

FMLA does not cover partners because you are an owner of the firm. At my old firm they give partners 3 months paid leave, ie they used an average of your hours for those three months for calculation purposes.

[Anonymous]

What a crappy firm for not giving you a paid leave. Maybe you should look elsewhere!

[Anonymous]

Anonymous wrote:What a crappy firm for not giving you a paid leave. Maybe you should look elsewhere!

A lot of people don't get paid leave. I'm sure the OP is otherwise compensated handsomely. I wouldn't feel too sorry for her.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What a crappy firm for not giving you a paid leave. Maybe you should look elsewhere!

A lot of people don't get paid leave. I'm sure the OP is otherwise compensated handsomely. I wouldn't feel too sorry for her.

Yeah, I'm not sure "law firm partners" are the people we should be most worried about for purposes of maternity leave - and I am one.

OP, does your firm provide associates paid leave?

[Anonymous]

Well, if I was a partner at a law firm, I would be pretty peeved if I didn't get a paid leave. You put in all those hours and make so many sacrifices that it is not unreasonable to expect a paid leave.

I know that many people don't get a paid leave, and I think that they deserve a paid leave too!

[Anonymous]

Anonymous wrote:FMLA doesn't cover pay, it simply says that they can't fire you for taking up to 3 months to care for your child. I'm a federal attorney, and the only pay I received while out on maternity leave was what I cobbled together from sick leave and annual leave. I took a fair amount of leave without pay because I knew once my son was in daycare I'd probably need some days to care for him when he caught a cold.

So, you can ask your firm if you're covered by Short Term Disability (which is the mechanism by which most employees get their 60% pay during maternity leave). Other than that, I would expect to receive less of a draw for the year.

If you're a Federal attorney, then the Leave Bank should have been an option to you. Did you forget to sign up???

[Anonymous]

Whether or not the leave bank is open to you depends on the agency. My agency, for example, does not have a leave bank and moreover someone cannot donate leave to you if the purpose is for maternity leave.

[Anonymous]

Anonymous wrote:

Anonymous wrote:FMLA doesn't cover pay, it simply says that they can't fire you for taking up to 3 months to care for your child. I'm a federal attorney, and the only pay I received while out on maternity leave was what I cobbled together from sick leave and annual leave. I took a fair amount of leave without pay because I knew once my son was in daycare I'd probably need some days to care for him when he caught a cold.

So, you can ask your firm if you're covered by Short Term Disability (which is the mechanism by which most employees get their 60% pay during maternity leave). Other than that, I would expect to receive less of a draw for the year.

If you're a Federal attorney, then the Leave Bank should have been an option to you. Did you forget to sign up???

She's a law firm partner...

[Anonymous]

You ar an owner, not an employee and you get a share of the profits of the firm, not a salary. You may get a draw against your profit share, but that's not a salary.

I've seen firms handle it differently. The larger firms tend to have "stickier" comp structures so that a few months off would not result in a cut in points/units. Smaller firms that may be more formula based would be less likely to make adjustments. It is important to keep in mind that during the time you are out the firm is generating less revenue/profit. Large firms can absorb this, smaller firms can't and often partners in smaller firms are less willing to take a pay cut in order to compensate during mat leave.

[Anonymous]

Anonymous wrote:

Anonymous wrote:FMLA doesn't cover pay, it simply says that they can't fire you for taking up to 3 months to care for your child. I'm a federal attorney, and the only pay I received while out on maternity leave was what I cobbled together from sick leave and annual leave. I took a fair amount of leave without pay because I knew once my son was in daycare I'd probably need some days to care for him when he caught a cold.

So, you can ask your firm if you're covered by Short Term Disability (which is the mechanism by which most employees get their 60% pay during maternity leave). Other than that, I would expect to receive less of a draw for the year.

If you're a Federal attorney, then the Leave Bank should have been an option to you. Did you forget to sign up???

I'm not the PP you're quoting but leave bank policies and practices vary hugely by agency. In my agency, you need a doctor's note and an above and beyond story. People getting chemo, disabled spouses, really serious stuff. Not pregnancy and maternity leave. The only parent I saw sign up had a 24 weeker. It's not really a bank, it's just a list and individual people have to take the initiative to donate their annual leave by filling out forms and getting is signatures.

[Anonymous]

I have a related question and would love some advice from folks who have been there. I am a mid-level associate at a law firm - not a partner - but I have several of my own clients (who I brought in entirely on my own) and I am trying to figure out what if anything I should say to them regarding my upcoming maternity leave. I am the only associate in my office so there is no one to take over and quite frankly I wouldn't want anyone else to take over because I don't want to lose the client! To that end, I plan on working to the extent I am able while on leave.

So for partners and/or folks with your own clients where you couldn't just take off for the time you were on leave, what did you tell your clients so they understand you may not be as immediately available while on leave but that you still wanted them to contact you while you were out? Nothing at all? Something like "Just so you know, I am expecting a baby on xxx, but I have childcare help while on leave and plan on being available so please don't hesitate to contact me at any time and either I or someone in my office will help you out?" Any advice would be wonderful, thank you.

[Anonymous]

OP here. Thanks for all of your thoughtful replies. One request, please: I'd prefer not to discuss unrelated associate and federal leave bank issues. I'm a nonequity partner at BIGLAW, so I don't profit share. I'm hoping just to hear from those with relevant experience. Many thanks, ladies.