Anonymous
03/29/2012 11:46
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
Anonymous wrote:Anonymous wrote:OP here. I came here for guidance not only because I am in my first trimester, and afraid of the repercussions of disclosing my pregnancy too soon, I am the only woman partner to be pregnant in this BIGLAW firm in many many years (if ever, that is). I am entirely surrounded by men, and the partnership agreement does not specify how a woman in my situation will be treated. I am the chief financial support for my family, and am worried about how to continue providing for them given the uncertainty about how I will be "handled" by the firm.
If you wouldn't put all the above into your original post I'm sure the responses would've been more to your liking. The 4 pages worth of threads is your own doing.
I totally agree. You were a bitch to people who responded to you. That's why.
Anonymous
03/29/2012 11:43
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
Anonymous wrote:Anonymous wrote:OP here. I came here for guidance not only because I am in my first trimester, and afraid of the repercussions of disclosing my pregnancy too soon, I am the only woman partner to be pregnant in this BIGLAW firm in many many years (if ever, that is). I am entirely surrounded by men, and the partnership agreement does not specify how a woman in my situation will be treated. I am the chief financial support for my family, and am worried about how to continue providing for them given the uncertainty about how I will be "handled" by the firm.
If you wouldn't put all the above into your original post I'm sure the responses would've been more to your liking. The 4 pages worth of threads is your own doing.
ITA. And I will also note that this is something OP should have investigated before accepting the partnership if she is, in fact, the primary financial support to her family. No job decision is made in our house without considering the impact to our finances and the impact to our health care,since those are the two most important things to us, even more so than the amount of money we make every year. OP, it's time you do a little growing up and realize you have to start thinking about more than just money.
Anonymous
03/29/2012 11:31
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
Anonymous wrote:OP here. I came here for guidance not only because I am in my first trimester, and afraid of the repercussions of disclosing my pregnancy too soon, I am the only woman partner to be pregnant in this BIGLAW firm in many many years (if ever, that is). I am entirely surrounded by men, and the partnership agreement does not specify how a woman in my situation will be treated. I am the chief financial support for my family, and am worried about how to continue providing for them given the uncertainty about how I will be "handled" by the firm.
If you wouldn't put all the above into your original post I'm sure the responses would've been more to your liking. The 4 pages worth of threads is your own doing.
Anonymous
03/29/2012 11:26
Subject: How does maternity leave work for a law firm partner? No FMLA?
I was the earlier poster who noted that FMLA does not guarantee pay. I didn't mean to start an entire thread on how federal benefits worked, but I thought it extremely important that OP understand she is asking for competitive and fair compensation (benefits similar to that offered to individuals in similar positions at similar firms - which she totally should be), but not a benefit that was guaranteed by law. People seem to equate FMLA with paid leave, and I thought in starting your research it was important to know that such was not the case.
Anonymous
03/29/2012 11:21
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
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.
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.
Anonymous
03/29/2012 11:17
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
OP, I was the first PP to respond to your post back on 3/26, the small firm partner who got 3.5 mo. paid leave w/o any cut in draw. As was the experience with the 21:24 PP above, our partnership agreement was silent on maternity leave, but no one blinked at my taking the leave and no one suggested my draw should be docked--so don't expect the worse, necessarily, just make your case. If you are an income not equity partner, are you technically an "owner" of the firm? Per the PP, as an income partner, I would think FMLA and standard firm policies (i.e. maternity leave policy for employees) may well apply to you and even if not, if your firm maternity policy for employees is 3-4.5 mo's paid leave, as is the norm at BigLaw, I would argue for that. FWIW, we have never had a female equity partner become pregnant at my firm and go out on leave, either, and the current male (and one female) partner(s) didn't question my taking the leave, I think largely b/c I worked PT from home while on leave so that the burden didn't fall on them/there was no significant negative impact to the numbers and b/c I am so productive otherwise/routinely ($$$) for the firm. (Though I will admit, my being out on leave last year was raised during the course of discussing readjustment of percentages this year--so it wasn't completely a "non-issue" in the broad scheme of things--but it didn't result in any docking or standstill of my percentage after discussion and consideration of all variables).
GL and I hope you set good precedent for the other female attorneys at your firm, too.
GL and I hope you set good precedent for the other female attorneys at your firm, too.
Anonymous
03/29/2012 11:05
Subject: How does maternity leave work for a law firm partner? No FMLA?
OP - good luck with this. Hopefully your experience will help other women who are in your shoes next.
Anonymous
03/29/2012 10:52
Subject: How does maternity leave work for a law firm partner? No FMLA?
Op, that is exactly why I refused to join any firm without significant female presence in the partnership .... Didnt have to be 50%, but if there were no or just a few women? No way. But good luck - if you made partner hopefully they will want to try to accomodate you fairly.
Anonymous
03/29/2012 09:45
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
OP here. I came here for guidance not only because I am in my first trimester, and afraid of the repercussions of disclosing my pregnancy too soon, I am the only woman partner to be pregnant in this BIGLAW firm in many many years (if ever, that is). I am entirely surrounded by men, and the partnership agreement does not specify how a woman in my situation will be treated. I am the chief financial support for my family, and am worried about how to continue providing for them given the uncertainty about how I will be "handled" by the firm.
Thanks to the kind few among the 4 pages of posts to my question. The rest of you, I agree with a PP, make me despair about how women treat each other. After reading the expletives, mean and flippant comments, I'm not a little bit surprised any longer that women get paid less, fewer opportunities for advancement, can't freely choose how we protect our reproductive health, or at other inequities in the way we are treated. Why should men respect us and treat us equally--you all have given prime examples of how easily we divide and attack each other. You should be ashamed at yourselves.
Thanks to the kind few among the 4 pages of posts to my question. The rest of you, I agree with a PP, make me despair about how women treat each other. After reading the expletives, mean and flippant comments, I'm not a little bit surprised any longer that women get paid less, fewer opportunities for advancement, can't freely choose how we protect our reproductive health, or at other inequities in the way we are treated. Why should men respect us and treat us equally--you all have given prime examples of how easily we divide and attack each other. You should be ashamed at yourselves.
Anonymous
03/27/2012 21:27
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:What is with all of the idiotic posts? OP was pretty clear that her firm doesn't offer paid leave. She's looking to see what other firms do and for advice about how to raise it with the firm. She's not looking for legal advice or for someone to tell her what the firm's current benefits are. But these things are often subject to change.
Why are there so many stupid people attacking her?
Funny that you call people stupid when you didn't understand the original post. She said that they might cut her draw...might, that means they might not, in which case she would be fully compensated while on leave.
At any rate, I'd seriously doubt OP is the first pregnant partner at her firm. It's having a baby, not inventing the wheel. She should ask how others have done it before her.
The fact that they reserve the right to cut her draw means there is no protected maternity leave.
WTF is "protected maternity leave?" Are you talking about FMLA? That doesn't "protect" your right to get paid, which is what OP cares about. Employers don't have to pay anyone on maternity leave, it's a benefit that an employer can give or take at will.
Like everyone else, OP should figure out her benefits before planning her life. What's next..."ZOMG, y'all, I just had a root canal and I don't think my firm offers dental insurance!!!"
Finally, I don't have a lot of sympathy for law firm partners who don't get paid while on maternity leave as most law firm support staff doesn't either, per decisions made by, wait for it...the partners of the firm.
You have no idea what you are talking about. You also sound really envious of others. (She's a nonequity partner so I can assure you she's not making decisions about support staff maternity leave.) Go find someone else to badger.
Anonymous
03/27/2012 21:24
Subject: How does maternity leave work for a law firm partner? No FMLA?
OP: I too am a non equity partner at a big law firm. I got what associates get but there was no written policy for partners. I had to raise the question with HR. You are smart to survey people before hand to find out what the norm is, if any. I got three months paid (which technically included all sick and vacation pay for the year, though I took another vacation that year and they were not strict about that). Anything beyond 12 weeks was unpaid. Good luck!
Anonymous
03/27/2012 21:08
Subject: How does maternity leave work for a law firm partner? No FMLA?
21:06 here. DH is at BIGLAW
Anonymous
03/27/2012 21:06
Subject: How does maternity leave work for a law firm partner? No FMLA?
What nastiness on the part of the OP.
too bad she doesn't work where DH is a partner-- (18 weeks maternity/paternity leave + 4 weeks annual leave if you want to take it). paid the same way as always.
too bad she doesn't work where DH is a partner-- (18 weeks maternity/paternity leave + 4 weeks annual leave if you want to take it). paid the same way as always.
Anonymous
03/27/2012 18:19
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:What is with all of the idiotic posts? OP was pretty clear that her firm doesn't offer paid leave. She's looking to see what other firms do and for advice about how to raise it with the firm. She's not looking for legal advice or for someone to tell her what the firm's current benefits are. But these things are often subject to change.
Why are there so many stupid people attacking her?
Funny that you call people stupid when you didn't understand the original post. She said that they might cut her draw...might, that means they might not, in which case she would be fully compensated while on leave.
At any rate, I'd seriously doubt OP is the first pregnant partner at her firm. It's having a baby, not inventing the wheel. She should ask how others have done it before her.
The fact that they reserve the right to cut her draw means there is no protected maternity leave.
WTF is "protected maternity leave?" Are you talking about FMLA? That doesn't "protect" your right to get paid, which is what OP cares about. Employers don't have to pay anyone on maternity leave, it's a benefit that an employer can give or take at will.
Like everyone else, OP should figure out her benefits before planning her life. What's next..."ZOMG, y'all, I just had a root canal and I don't think my firm offers dental insurance!!!"
Finally, I don't have a lot of sympathy for law firm partners who don't get paid while on maternity leave as most law firm support staff doesn't either, per decisions made by, wait for it...the partners of the firm.
Anonymous
03/27/2012 17:20
Subject: Re:How does maternity leave work for a law firm partner? No FMLA?
Anonymous wrote:What is with all of the idiotic posts? OP was pretty clear that her firm doesn't offer paid leave. She's looking to see what other firms do and for advice about how to raise it with the firm. She's not looking for legal advice or for someone to tell her what the firm's current benefits are. But these things are often subject to change.
Why are there so many stupid people attacking her?
Because of this:
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.