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

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

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[quote=Anonymous]OP - I feel for you, and for the record I don't quite understand why everyone jumped on your back for trying to keep the thread focused... but whatever.

I'm an employment lawyer and I used to be in BIGLAW, but I have not looked at this specific issue.

My gut is that FMLA (or possibly DCFMLA) likely applies to you and protects your job, but nothing more.  Your situation is somewhat confusing to me based on my own experiences, because in my firm, "non-equity" partners were partners in name only.  They didn't get a draw.  They got a set salary akin to a very senior associate... but they got to call themselves "partner", but I'm not sure of the details.

I suspect that whether you'll get paid or not depends on whether you are more like an "employee" (e.g., associate) or more like a business partner (e.g., "equity" partner).  If your salary is a draw that varies based on the profits of the firm, then they may not offer you paid leave, and they might very well cut your draw.  I don't know that there would be a lot of protection from that.

Like I said, I haven't thought this through for more than 30 seconds, but to get a real answer to this question you're probably going to have to A) consult a real lawyer; or B) consult HR.[/quote]

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