Children, Maternity Leave and Becoming a Partner

Answer

Dear Victoria:


Thank you for your letter. In response, I sincerely hope that you will be able to achieve your goals of having a child, remaining on the partnership path, and pioneering a strong firm maternity and/or part-time policy. The key to success in this area is to: (1) become informed as to your state and federal laws in this area and (2) approach a firm representative with whom you feel comfortable, aiming for an open and positive line of communication.

First, you mentioned that your firm is a "new" firm. This is a benefit to you. You and the partnership and/or human resources department can work together to establish a solid and protective maternity policy. Before beginning, become informed. It is important to know your rights in this regard. The Family Medical Leave Act and the Pregnancy Discrimination Act are two federal laws which protect your rights. The Pregnancy Discrimination Act protects against sex discrimination, treating pregnancy, pregnancy-related illness, and childbirth on an equal level as other medical matters. At last check, such law held that an employer with at least 15 employees could not fire or refuse to hire/promote a woman because she was pregnant and also could not force a woman to take a mandatory leave.

Benefits (such as seniority) also were required to remain "as is." Similarly, the Family and Medical Leave Act (FMLA) permits an employee to take as much as 12 weeks of unpaid leave in any 12-month period for certain events, including pregnancy. Certain criteria apply, however, in order to fall under this Act, such as, at last check: at least 50 or more people need to be employed by the company. There are other criteria as well--of which you should become informed. Notwithstanding the aforementioned federal protections, however, state and local laws can often vary dramatically. Before beginning any discussions with your partnership or human resources department, you should educate yourself on how such matters are handled in the Atlanta area.

Once you are legally informed as to your rights, the first line in achieving success with any goal in firm life is an OPEN LINE OF COMMUNICATION with the established partnership--or those charged with making firm policy. Approaching a partner, or human resources person, with whom you feel comfortable discussing your personal life is a solid first step. [Note: Women are not obligated to disclose personal goals regarding having/adopting children and it is against the law for an employer to ask you questions in this regard.] Inquire as to your firm's intentions on the matter of maternity leave; delve into its opinion regarding the foregoing federal laws and applicable state rules. If you are experiencing some resistance, mention the financial benefits of having a maternity policy in place-such as lower turnover rates and higher morale. A firm without a strong maternity policy cannot hope to attract or recruit female employees and will likely be looked upon as "behind the times" or something less than an "equal opportunity" employer. To this end, remaining on the partnership track is also an imperative--a firm without female partners who have children sends a bad message to clients, as well as new recruits.

As for your secondary concern addressing a part-time policy, this is often a more difficult road to pursue. Traditionally, firms are very hesitant to adopt part-time policies due to cost considerations (benefit payments outweighing work production), fear of abuse by employees, and general concern that attorneys will fall behind, knowledge-wise, in their class. Having said this, firms who have adopted such policies are looked upon as progressive and women-friendly, in particular.

Again, do your research. Before approaching the partnership, call the human resource offices of other local firms of similar size. Find out if they have a part-time policy in place. Ask them if they might send you a copy of their part-time guidelines. You would be surprised how helpful other firms can be in this regard. KNOW THE MARKET before approaching the partnership/human resources. Once you have done your local due diligence, let your firm know how their policies, or lack thereof, compare with other like firms. Competition is the motivating factor behind every law firm; everyone wants to be the best. Use this to your advantage in negotiating a solid policy. You may wish to not only suggest guidelines for such a policy, but also that admittance to such policy be determined on a "case-by-case" basis-as a case-by-case scenario often puts a partnership at ease. Hence, employees will feel confident that a policy is in place, and the partnership will feel confident that it has discretion as to who is allowed to join the "part-time" ranks.

In conclusion, do I think you will be able to achieve your goal? Yes! Like any good attorney, do your research and come prepared to the discussion table with facts, suggestions and ideas to make your firm a top player in Atlanta.


[Answered by Danice Kowalczyk]
BCG Attorney Search
New York
 

About Harrison Barnes

Harrison Barnes is a prominent figure in the legal placement industry, known for his expertise in attorney placements and his extensive knowledge of the legal profession.

With over 25 years of experience, he has established himself as a leading voice in the field and has helped thousands of lawyers and law students find their ideal career paths.

Barnes is a former federal law clerk and associate at Quinn Emanuel and a graduate of the University of Chicago College and the University of Virginia Law School. He was a Rhodes Scholar Finalist at the University of Chicago and a member of the University of Virginia Law Review. Early in his legal career, he enrolled in Stanford Business School but dropped out because he missed legal recruiting too much.

Barnes' approach to the legal industry is rooted in his commitment to helping lawyers achieve their full potential. He believes that the key to success in the legal profession is to be proactive, persistent, and disciplined in one's approach to work and life. He encourages lawyers to take ownership of their careers and to focus on developing their skills and expertise in a way that aligns with their passions and interests.

One of how Barnes provides support to lawyers is through his writing. On his blog, HarrisonBarnes.com, and BCGSearch.com, he regularly shares his insights and advice on a range of topics related to the legal profession. Through his writing, he aims to empower lawyers to control their careers and make informed decisions about their professional development.

One of Barnes's fundamental philosophies in his writing is the importance of networking. He believes that networking is a critical component of career success and that it is essential for lawyers to establish relationships with others in their field. He encourages lawyers to attend events, join organizations, and connect with others in the legal community to build their professional networks.

Another central theme in Barnes' writing is the importance of personal and professional development. He believes that lawyers should continuously strive to improve themselves and develop their skills to succeed in their careers. He encourages lawyers to pursue ongoing education and training actively, read widely, and seek new opportunities for growth and development.

In addition to his work in the legal industry, Barnes is also a fitness and lifestyle enthusiast. He sees fitness and wellness as integral to his personal and professional development and encourages others to adopt a similar mindset. He starts his day at 4:00 am and dedicates several daily hours to running, weightlifting, and pursuing spiritual disciplines.

Finally, Barnes is a strong advocate for community service and giving back. He volunteers for the University of Chicago, where he is the former area chair of Los Angeles for the University of Chicago Admissions Office. He also serves as the President of the Young Presidents Organization's Century City Los Angeles Chapter, where he works to support and connect young business leaders.

In conclusion, Harrison Barnes is a visionary legal industry leader committed to helping lawyers achieve their full potential. Through his work at BCG Attorney Search, writing, and community involvement, he empowers lawyers to take control of their careers, develop their skills continuously, and lead fulfilling and successful lives. His philosophy of being proactive, persistent, and disciplined, combined with his focus on personal and professional development, makes him a valuable resource for anyone looking to succeed in the legal profession.

About BCG Attorney Search

BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.