The author wishes to thank Anna Wang, Susan Robinson, Eric Weitz, Matthew Stukus, Shana Scott, Celina Caban, and many others for their generous help with this article.
Introduction
A core challenge to women’s advancement in the legal profession is balancing work with family. Many articles discuss the need for family leave policies and problems with their implementation. However, there is little comparative information on what policies exist at the various places young attorneys may practice, such as law firms, nonprofit organizations, and government entities.
This chapter fills that gap. Its aim is to serve as a starting point by offering examples of family leave policies at different types of organizations. Drawing on interviews with attorneys and law school advisors, it also provides practical advice and a sense of how these policies work in practice.1 The chapter lastly lists further resources, including questions law students and recent graduates can ask during the recruitment process.2
The Types of Family Leave Policies and Work/Life Benefits3
While organizations differ, similarities exist between employers in the same sector in the work/life benefits they offer. Anna Wang, Executive Director of the John and Terry Levin Center for Public Service and Public Interest Law at Stanford Law School, notes that private firms generally offer greater monetary benefits, such as higher salaries and bonuses, while public interest organizations generally provide greater intangible benefits, such as flexibility and more control over one’s schedule as compared to private firms where associates must answer to multiple senior attorneys.4 The information provided below highlights work/life benefits offered at law firms,
~ 18 weeks paid (and 8 weeks unpaid) primary caregiver leave;
~ 4 weeks paid (and 12 weeks unpaid) secondary caregiver leave;
~ Off-site emergency childcare (two free visits, with additional visits available for a nominal fee);7 temporary in-home child and eldercare services on an emergency basis;
~ Flexible working arrangements,8 including reduced-hours schedules at 60% to 80% of the workweek; telecommuting arrangements; job sharing in appropriate cases; and Time Out Leaves, which allow eligible attorneys to take unpaid leaves of absence from one to three years for family reasons;
~ A lactation room for new mothers in its New York office.9
Some firms, such as Munger, Tolles & Olson LLP (MTO), offer on-site full-time childcare10 and a policy that allows attorneys who work reduced hours to remain on the partnership track.11 The reduced hours policy is particularly important for those who wish to become a partner while maintaining a work/family balance. According to MTO’s website, two attorneys under this policy made partner within the last five years.12
A reduced hours policy can work differently at different firms. Some firms might set the reduced hours according to what a full-time billable hours schedule would look like. For example, if an attorney bills 1500 hours and a full-time schedule is 1900 hours, then the attorney on a reduced hours schedule would receive 80% of a full-time salary. Some firms also offer bonuses proportional to the reduced hours schedule and “true up” pay, in which the attorney receives compensation for the number of hours she actually bills. For example, if an attorney actually billed 1900 hours instead of a projected 1500, then she would get a “true up” at the end of the year to compensate her for the additional hours billed.
Benefits at private public interest firms mirror those offered at private corporate “Biglaw” firms. Two examples are provided below. Some firms offer the option to work
part-time (usually approximately 40 hours). Attorneys who work part-time may not be able to lead a case, but, as one attorney mentioned, the option may still be appealing for those who wish to do interesting work while attending to family and personal responsibilities.
Employee benefits at Cohen Milstein Sellers & Toll, PLLC, a national plaintiffs’ class action law firm, include:
~ “Health Insurance - available to the employee, dependents and domestic partners
~ Short and Long Term Disability . . .
~ Vacation Leave
~ Maternity Leave
~ Parental Leave
~ Adoption Leave
~ Bereavement Leave
~ Health and Childcare Flexible Spending Accounts
~ Flexible work schedule (available to attorneys) . . . ”13
Sanford Heisler, LLP, a national boutique class-action litigation law firm, offers employee benefits including:
~ “Health Insurance - available to the employee, dependents and domestic partners
~ Vacation Leave
~ Maternity Leave
~ Parental Leave
~ Bereavement Leave
~ Flexible work schedule (available to attorneys) . . . ”14
Nonprofit Organizations
Attorneys I interviewed who worked at nonprofits mentioned a culture that encouraged work/life balance. Some attorneys arranged a four-day work week to care for their children. Others left the
by: Katherine Zhao, Stanford Law School
Practical Advice
and Examples of Legal
Employers’ Family Leave Policies
nonprofit organizations, and government entities.5
Law Firms
Firms generally provide extensive work/family benefits.6 For example, one typical large firm offers the following benefits:
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