Pregnant and Just Accepted Tentative AUSA Offer

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here: I just learned one additional wrinkle. My firm has a policy that employees are required to repay paid leave if they resign within six months of the leave ending. Ugh.

Should I call my employment lawyer friends and find out if that is even enforceable?

Of course, there is always a glimmer of hope the firm would waive this because they want to maintain a good relationship with someone who will be prosecuting their clients. (I have heard rumors of the firm waiving other policies to suck-up to people departing to work in house). Then again, I should probably not assume that. Sigh.

Uh, that's a major conflict of interest and for a fed to even hint at that is unethical.

Please. OP is probably not going to literally prosecute people her old firm represents for some period of time for conflict reasons. But usually firms do want to keep good relationships with former employees for lots of reasons. This is even called an “alumni program” at firms. AUSAs become judges and general counsel or just other attorneys the law firm wants to have a relationship with.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OMG. That is a horrific policy. Is that common in law firm world? Wish you could name and shame without sacrificing your anonymity!

This is common at firms that have long leaves.
If a firm is paying you 6 months leave, they are doing it so that you are in a good position to return and not be sleep deprived and can hit the ground running. It is an investment so that the firm gets a return on their investment.
You can probably take 6 weeks (medical) without owing the firm $.

How long were you planning on taking after the baby is born?

Would a law firms literally sue former attorney to recoup this money? That seems like a lot of drama a law firm wouldn’t want.

[Anonymous]

Anonymous wrote:I worked in a litigating division as a trial attorney and then in a leadership role where I was privy to hiring info. It could be different in the United States Attorney's Office where you have been hired (this does vary a bit), but we brought attorneys on board before their background checks were completed; folks would simply begin work, knowing that they could be let go if they were found unsuitable. So, at least in our office, you would probably start before your background check is complete, so waiting for the completion of that wouldn't be something to worry about.

I know this doesn't totally answer your question regarding what you should "do," but hopefully the context helps a bit.

From OP: Thanks so much for this answer! The HR person seemed to explain that there was a two-step check process and I could start after step one while the second step remains pending. Honestly, my preference is to start as soon as possible, get settled, take 6-8 weeks when the baby is born, and go back. I have an older child so I am not delusional about how hard having a baby is. My husband can watch the baby at home during his generous leave when I go back.

[Anonymous]

You probably won't say (I get it), but if you are talking USAO DC, they start in classes. The next one is April, then July, then October, etc (every three months). My strong recommendation is to be honest with USAO about when you want to start and why. Ask for October -- then you get firm maternity leave and can hop to the gov. I came from that office and it is fun, but very hard. There is not a lot of flexibility in terms of coming in/working from home and it's hard to take time off. If possible you'd stack your maternity/partner leave so there is someone at home your first three months on the job, which is the hardest.

[Anonymous]

I feel like a lot of people are being really short sighted. I suspect many aren’t lawyers. I would not do something that is going to piss off people at your old firm. DC is a small legal community and you may be looking to go back to that firm in a few years when you’re sick of USAO and looking to put your kids in pricy private school. Or those partners will end up your boss as political appointees.

You make a crap ton of money as an associate at BigLaw. If you have to take some unpaid leave, I would do it. Don’t be penny wise pound foolish with your career. FWIW, I am a lawyer and took 12-14 weeks of unpaid leave with each of my three kids.

[Anonymous]

Anonymous wrote:You probably won't say (I get it), but if you are talking USAO DC, they start in classes. The next one is April, then July, then October, etc (every three months). My strong recommendation is to be honest with USAO about when you want to start and why. Ask for October -- then you get firm maternity leave and can hop to the gov. I came from that office and it is fun, but very hard. There is not a lot of flexibility in terms of coming in/working from home and it's hard to take time off. If possible you'd stack your maternity/partner leave so there is someone at home your first three months on the job, which is the hardest.

+1. Although I believe in your background they will contact your current employer at some point, so the whole stay at your firm to get paid maternity leave and then leave probably isn’t going to work. Honestly, you’re going to be a prosecutor, don’t start that phase of your career trying to lie to your law firm so that you can get some paid maternity leave.

[Anonymous]

Anonymous wrote:

Anonymous wrote:1) I would’ve waited until I was on leave at current firm. Or 2) I would’ve request paid leave as part of your acceptance. But since none of that was done, you don’t have a lot of options other than telling them you don’t want to start until X date or requesting whatever they’ll give you. They don’t legally have to give you anything outside of the standard disability, which would suck since lawyers usually get a bajillion weeks of paid leave.

Yeah you don’t know how any of this actually works.

+1

These job openings come up when they come up and are tough to get. You can't time it to your convenience.

You can't negotiate for stuff like that in the govt. No way they could give it to you.

[Anonymous]

Anonymous wrote:OP here: I just learned one additional wrinkle. My firm has a policy that employees are required to repay paid leave if they resign within six months of the leave ending. Ugh.

Should I call my employment lawyer friends and find out if that is even enforceable?

Of course, there is always a glimmer of hope the firm would waive this because they want to maintain a good relationship with someone who will be prosecuting their clients. (I have heard rumors of the firm waiving other policies to suck-up to people departing to work in house). Then again, I should probably not assume that. Sigh.

Don't go down this road. Your relationship with your firm and your professional reputation is more important. You can afford to take unpaid leave or pay it back after all the time in biglaw.

[Anonymous]

Are you worried about getting paid leave or getting the leave? As a new fed you absolutely can still take the 12 weeks, it will just be completely unpaid.

I changed fed jobs while pregnant and not one person batted an eye. I was even a manager. Feds are very supportive of maternity leave. But yeah there’s nothing you can do to get it paid.

If you push it back, it might be hard for the agency. Different years funding and all.

[Anonymous]

Anonymous wrote:You probably won't say (I get it), but if you are talking USAO DC, they start in classes. The next one is April, then July, then October, etc (every three months). My strong recommendation is to be honest with USAO about when you want to start and why. Ask for October -- then you get firm maternity leave and can hop to the gov. I came from that office and it is fun, but very hard. There is not a lot of flexibility in terms of coming in/working from home and it's hard to take time off. If possible you'd stack your maternity/partner leave so there is someone at home your first three months on the job, which is the hardest.

Interesting. How long ago were you there, because I know a DC AUSA that hardly ever goes in to the office. They seem to be almost completely WFH.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You probably won't say (I get it), but if you are talking USAO DC, they start in classes. The next one is April, then July, then October, etc (every three months). My strong recommendation is to be honest with USAO about when you want to start and why. Ask for October -- then you get firm maternity leave and can hop to the gov. I came from that office and it is fun, but very hard. There is not a lot of flexibility in terms of coming in/working from home and it's hard to take time off. If possible you'd stack your maternity/partner leave so there is someone at home your first three months on the job, which is the hardest.

+1. Although I believe in your background they will contact your current employer at some point, so the whole stay at your firm to get paid maternity leave and then leave probably isn’t going to work. Honestly, you’re going to be a prosecutor, don’t start that phase of your career trying to lie to your law firm so that you can get some paid maternity leave.

Yes, the background check will involve interviewing someone at OP's firm, and trustworthiness and integrity will likely be part of the conversation. And if the folks at the USAO hear about OP's firm being unhappy with how OP handled things -- which as all lawyers know, they will hear about it -- OP's reputation is then tarnished at her new job as well.

OP, don't mess around with things in an attempt to get paid maternity leave that you would be contractually obligated to pay back anyway. The first phase of your background check shouldn't take too long -- start at the USAO as soon as possible. Then let them know about the upcoming maternity leave.

If you are really all that concerned about money, then you probably shouldn't leap from a firm to USAO anyway.

[Anonymous]

Anonymous wrote:
If you are really all that concerned about money, then you probably shouldn't leap from a firm to USAO anyway.

Weird comment. Wanting a lengthy paid maternity leave vs a shorter unpaid leave right after starting in a brand new job would be something anyone would want and try to figure out if it’s possible.

[Anonymous]

Anonymous wrote:Feds are very supportive of maternity leave. But yeah there’s nothing you can do to get it paid.

😂😂😂 very supportive.

Also, don’t be an AUSA, OP. What a horrible job. Why would you want to just send people to prison all day every day? What kind of mother. lol but really.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I worked in a litigating division as a trial attorney and then in a leadership role where I was privy to hiring info. It could be different in the United States Attorney's Office where you have been hired (this does vary a bit), but we brought attorneys on board before their background checks were completed; folks would simply begin work, knowing that they could be let go if they were found unsuitable. So, at least in our office, you would probably start before your background check is complete, so waiting for the completion of that wouldn't be something to worry about.

I know this doesn't totally answer your question regarding what you should "do," but hopefully the context helps a bit.

From OP: Thanks so much for this answer! The HR person seemed to explain that there was a two-step check process and I could start after step one while the second step remains pending. Honestly, my preference is to start as soon as possible, get settled, take 6-8 weeks when the baby is born, and go back. I have an older child so I am not delusional about how hard having a baby is. My husband can watch the baby at home during his generous leave when I go back.

I mean you are a little downplaying how hard it is to have 2 small children.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Feds are very supportive of maternity leave. But yeah there’s nothing you can do to get it paid.

😂😂😂 very supportive.

Also, don’t be an AUSA, OP. What a horrible job. Why would you want to just send people to prison all day every day? What kind of mother. lol but really.

It’s a fantastic job and highly desirable for a slew of reasons. Personally, I like to see murderers and rapists in prison.