Hi, former DC AUSA here, and first of all, the job you’re about to take is like the best job ever, so congratulations on that! I was also pregnant when I got my offer to join the US attorneys office, and I also wasn’t sure when to tell them or how to manage my start date. The way mine worked out, I was only cleared to start about two weeks before I was due, and so I stayed at my firm for maternity leave and then started at the US attorneys office a few months after I had my baby.

So it worked out in the end for me, but I don’t think I could’ve taken the 75% pay cut to go to the US attorneys office if I didn’t also have that paid maternity leave and the bonus that came before I left because the time of year this all happened. My firm also had a policy about staying after maternity leave, but there was no way they were going to claw back paid maternity leave when I was about to go to the US attorneys office.

As you note, OP, it behooves law firms to have good relationships with their former employees, particularly when they’re becoming prosecutors. So I would seriously doubt that anyone is going to give you a hard time about it. But I also agree that if you’re inclined to stay at your firm and collect the maternity leave, maybe you have a conversation with one or two attorneys who you trust at the firm, and make sure that they’re on board. That’s what I did. A few people told me I shouldn’t worry about it, And that they understood why I was doing what I was doing.

Now, on the US attorney side, you have to be really careful, because from what I have heard and seen, they can be real sticklers about start dates. As others have noted, there may be particular times that they want you to start so that you can join particular classes for training. You should just be mindful of that, but I also think you should be honest. It’s hard to justify leaving a paid maternity leave to go to a new job where you have no sick time, no days off, and no paid leave. That’s a hard burden to put on anyone who’s about to add a child to their family. So hopefully, if you have open and honest conversations with the people involved, they will understand.

As someone else suggested, I would also slow the background check process. Take every day they give you to fill out the forms, take every day they give you to get the recommendations. Depending on the backlog, maybe they actually won’t be able to clear you until much closer to your due date, and maybe it’ll be an easier conversation for you too. Best case scenario, you go on leave at your firm, and you get cleared while you’re on leave. It happens all the time the people on maternity leave get new jobs, so don’t worry about disloyalty to your firm. Believe me, if the tables were returned, they wouldn’t hesitate to do the same to you if it was better for their bottom line.

Anonymous wrote:

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.

Hi Public Defender 👋🏻 What kind of mother represents child abusers and molesters?

Not a public defender. Constitutional Law prof.

Are you AUSAs really only prosecuting child SA these days? I see a lot of overcharged financials and process crimes vs the poor, and idk who delights in these.

Anonymous wrote:

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.

Hi Public Defender 👋🏻 What kind of mother represents child abusers and molesters?

OMG. Hahahaha. +1000

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.

Hi Public Defender 👋🏻 What kind of mother represents child abusers and molesters?

OP, I think some of this depends on how long it's been since you took your last maternity leave and your reputation at your firm. If you took a long leave 12-18 months ago, then unless you're a superstar, taking a second leave and immediately departing may be frowned upon. But if you've been churning for 3-5 years since your last leave and are well respected, no one will blink at you taking leave and then moving to a prestigious position.

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.

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 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 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 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 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.

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 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 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 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.