WORKING TO IMPROVE FAMILY AND MEDICAL LEAVE By Lecia Johnson, Shareholder, Godfrey & Kahn, SC
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n recent years, laws have been clarified and expanded to reflect the evolving family structures of employees. For example, the U.S. Department of Labor (DOL) has issued an Administrator’s Interpretation under the Family and Medical Leave Act (FMLA) which clarifies that family leave is available not only to biological parents, but other individuals, such as grandparents that serve as caregivers to their grandchildren. In addition, the DOL has clarified that family leave is available for adult children suffering from mental or physical disabilities. Some states have also implemented changes to their laws providing for access to medical benefits to domestic partners. These recent changes support diversity in the workplace and have generally resulted in positive results for all employees who may benefit from the expansion and clarifications of these laws. At Godfrey & Kahn, our firm has worked to design policies and practices that allows our employees to benefit from family leave and medical benefits in a manner that accommodates their modern family structures, all while maintaining their presence and positions within our organization. Through our firm’s Women’s Leadership Forum (WLF), we have continued to monitor new and effective ways to allow our employees to benefit from our leave policies. Our firm has gone beyond the FMLA requirements and allows for paid leave for its attorneys even when FMLA does not require such leave to be paid. In addition, we have adopted a “ramp down/ramp up” policy for attorney associates to address billable hour concerns when attorneys take advantage of our family leave policies. Our medical benefits policies are accessible by domestic partner and adult children of our employees. We believe that these policies and practices enhance our firm’s ability to create an appealing work environment to both maintain and attract a diverse group of employees. PDJ
Diversity in The Legal World: Industry Slow To Adapt But Now Part Of The Discussions By Regina Speed-Bost, Partner, Schiff Hardin, LLP
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LTHOUGH THE AMERICAN legal system has
directly addressed the barriers that exist for diverse workers, sadly the legal profession has been slow to adopt the very changes that laws we help shape are intended to bring. Yet, as with any profession, time and circumstance have changed the practice of law to recognize the untapped treasure of diverse attorneys. The most significant change has been in the dialogue that exists around diversity. It is refreshing that it is no longer taboo to discuss within corporations, law firms, and government the impact that policy changes and rules implementation will have on diverse communities. Rather than presume no impact or ignore when policies, rules, or regulations may unexpectedly affect one segment of the workforce, diversity is now part of the analysis. Recognizing that opportunity is the starting point for success, many organizations have developed mechanisms to maximize the opportunities for the diverse members of their workforce. I have personally served on and as chairperson or cochairperson on several diversity committees, including the diversity committee of a bar association, each of which have focused on ways to increase leadership opportunities within those organizations. Corporations have executive and leadership training programs, many of which target diverse populations. In the private practice of law, firms are regularly asked to respond to client inquiries and requirements concerning the diversity within the firm and on the client’s respective service team. Clients repeatedly voice they want to know who is working on their matters, who is receiving the financial benefit of their matters, and that diverse attorneys have the opportunity to do both. To ensure that Schiff Hardin is presenting its best team in all instances, our managing partner now evaluates every new proposal to service a client in terms of subject matter expertise, diversity, and experience. In the future, reasonable metrics and success measures are needed to track progress. Organizations will need to work to ensure that the initiatives undertaken thus far continue and their level of success is determined. Here, too, the dialogue about diversity and inclusion must continue to ensure that future policies, rules, or regulations do not affect one segment of the workforce to a larger degree or more negatively than another. PDJ
May/June 2013
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