Law Firms Boost Parental Leave as Some Workers Remain Skeptical

Law firms are increasing employee parental leave time, but some attorneys worry they risk career advancement if they take all of it.

Some lawyers fear being passed over for opportunities or derailed from a path to partner while others fear pushback, whether from their bosses or colleagues, over prioritizing parental responsibilities.

“The rubber meets the road when we really examine what are the implications for someone who takes advantage of that full 20 weeks,” said Hilarie Bass, former president of the American Bar Association and a diversity and inclusion advocate.

Three large firms announced plans to expand parental leave for employees last month. Bryan Cave Leighton Paisner boosted paid leave for staff. Clyde & Co. added extra parental support options. Norton Rose Fulbright extended its leave period to 26 weeks.

The firms’ policies have gender-neutral language, a move to steer away from binary maternity and paternity role assumptions.

Firms are wising up to the recruiting and retention benefits of extensive leave policies, according to Jennifer Henderson, a partner at legal recruiting firm Hatch Henderson Fivel.

“You can only throw so much money at a certain class of associate,” Henderson said. “So creating really positive policies to create good culture within firms is a way that firms can distinguish themselves from other similarly paying firms.”

Family leave policies are just one factor in efforts to increase female representation in the ranks at top law firms, said Lauren Stiller Rikleen, a law firm leadership consultant. Firms also need to create cultures in which lawyers feel encouraged to take advantage of the policies.

“I know lots of firms that have lots of good policies,” Rikleen said. “I know lots of lawyers who think they’re not worth the paper they’re printed on.”

‘Full Selves to Work’

Bryan Cave equalized leave for lawyers and business staff at the firm to 20 weeks, with 100% pay for both primary and secondary caregivers. The firm, formed in the 2018 merger of Missouri’s Bryan Cave and London’s Berwin Leighton Paisner, upped leave for its UK-based lawyers to 26 weeks.

“With our enhanced parental leave policies, our aim is to support parents—both primary and secondary carers—in taking an active role in raising their families so they can return to work feeling empowered,” Hannah Kozlova Lindsay, Bryan Cave’s chief people officer, said in a statement.

Clyde & Co. added paid leave for miscarriages and fertility treatment in its expanded policy. The UK-founded law firm upped its paid leave to 26 weeks.

Norton Rose Fulbright, a global behemoth of more than 3,000 attorneys, bumped paid parental leave to 26 weeks from 18.

Klair Fitzpatrick, a Morgan Lewis & Bockius partner, said she took 18 weeks of parental leave three separate times as an associate at the firm, and once more after making partner. The firm offers up to 22 week of paid leave for new parents.

She touted the firm’s transition programs to help employees gradually returning to work following leave periods. “It’s really important that people bring their full selves to work,” said Fitzpatrick, who co-leads the firm’s “parent lawyer network.” Based in Philadelphia, she defends companies accused of workplace discrimination and other violations, with a client list that includes Merck & Co., Bristol Myers Squibb, and TD Bank.

Still, some lawyers felt negative consequences from utilizing parental leave polices, a Major, Lindsey & Africa survey two years ago showed. Thirty-five percent said their opportunities for advancement toward partnership were affected, and 21% said their access to quality work was affected, according to the survey.

Ohio’s Zashin & Rich was at the center of public criticism earlier this year over a text message by a former senior lawyer at the firm. The attorney equated a woman lawyer’s use of parental leave before leaving for a new job to "... collecting money from the firm while sitting on your ass...”

The lawyer behind the text parted ways with the firm shortly after the message got attention on social media.

Firms expanding their parental leave policies have to take a more proactive approach if they want the moves to be truly meaningful, according to Rikleen.

“You really run the risk of it falling by the wayside to the typical stigma that kicks in around family care giving roles,” she said.