anticipate. This is especially true for working moms, who must simultaneously prepare to give birth to a tiny human and transition off any outstanding work in a manner that protects their clients’ interests and balances any billable or other internal pressures. Then, after going through this major life transition, the “new mom” must figure out how to transition back to work, while caring for said tiny human and trying to meet any inoffice performance metrics. This does not even account for the physical and mental toll these changes have on women, some of whom may suffer from postpartum depression or anxiety or external pressures regarding the “correct” way to parent. Law firms can help ease these transitions by putting policies in place that help manage the expectations of the new parent and the coworkers who help fill the gaps while the new parent is on leave. I spoke to other women who have had positive experiences with maternity leave from their firms to learn what has worked well for them. The following are a few best practices that firms can employ to both support new moms and help retain talented lawyers. 1. Have a Written Policy The most basic way law firms can help take the guesswork out of this transition is to have a written policy that sets out exactly what benefits are available—paid and unpaid. Having this policy in place before it is needed takes the pressure off the pregnant lawyer to create a policy from scratch—with the full weight of all other women who may come behind her on her shoulders—or worse, to guess as to what benefits may or may not be available in a time that is already filled with uncertainty. The Federal and Medical Leave Act provides for up to 12 weeks of unpaid leave, but law firms can do much better than that—and most do. A 2021 survey conducted by Major, Lindsey & Africa (MLA Survey) found that 48% of respondents reported that their firms provide 14 to 20 weeks of paid maternity leave and 11% reported that their firms offer over 20 weeks
of paid maternity leave.1 Some firms also rely on short term disability policies to help offset the costs of providing paid leave. Amy Farish, another new mom and a newly-elected partner at Yetter Coleman, described her firm’s official parental leave policy (26 weeks, with 14 fully paid) as “very generous,” and explained that the firm was flexible both before the official leave began and as it ended. Amy said she has not felt pressured to work while on leave or to return early—rather, she has been encouraged to take all 26 weeks and offered various options for her return to work. In addition to setting out the paid and unpaid leave time, the policy should also account for non-birthing parents, foster parents, adoptive parents, and same-sex couples. Inclusivity in this vein takes the pressure off of the birthing parent and acknowledges that in today’s society there is more than one way to start a family. 2. Prorate Billable Requirements Another very practical implication of taking maternity leave is that there will be a transition period both going on leave and coming back from leave. It is not realistic, or in the clients’ interests, to expect an attorney to work full hours until the baby comes, then return to a full schedule the day she returns from leave. Lauren Smith Brody, author of The Fifth Trimester, surveyed over 700 women regarding motherhood and career and found: . The women I spoke to in tech and law had this in common: When they came back, they were expected to be back at 110% right away. Often, that was almost impossible. Initially, they robbed time from their personal lives and self-care to tend to work. But quickly, that led to resentment and career ambivalence. Phase-in programs offer a more humane and sustainable approach that lets workers adjust emotionally and logistically to the new demands on their time and focus.2 To account for this transition period, some law firms have instituted ramp-up and/or ramp-down policies. For example, at my firm, we recently employed a ramp-up policy in which the billable requirement for the first four weeks after an attorney returns from leave are prorated at 50% of the annual target and then 75% for the next four weeks. This type of policy allows the attorney to make the transition back to work at a reasonable pace. Moreover, prorating billable requirements creates a culture of encouragement and support for attorneys who utilize the benefits offered by the firm. Brooksie Boutet, who recently welcomed a new daughter, explained that although her firm doesn’t have a formal policy, she was encouraged to gradually transition off of her open matters as some were winding down and others reached natural transition points. As part of her transition process, she also wrote a memo to document the status of her outstanding cases so she could rest assured that key tasks were clearly communicated to
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November/December 2022
thehoustonlawyer.com