Ed.
note:
This
article
is
part
of
Parental
Leave
&
The
Legal
Profession,
a
special
series
for
Above
the
Law
that
explores
the
realities
of
parental
leave
and
return-to-work
in
law
firms.
From
planning
leave
to
reintegration,
from
the
role
of
managers
to
the
mental
load
of
Biglaw
parents,
these
articles
bring
research,
clinical
insight,
and
practical
strategies
to
help
lawyers
and
the
firms
that
employ
them
navigate
one
of
the
most
critical
transitions
of
their
careers.
Firms
often
treat
parental
leave
and
related
benefits
as
individual
accommodations
rather
than
systemic
leadership
and
talent
tools
with
measurable
consequences
for
retention,
equity,
and
firm
performance.
In
this
article,
we
discuss
the
cultural
context
of
parental
leave
in
the
legal
profession
and
then
explore
the
macro
effects
of
how
parental
leave
is
handled,
on
both
firms
and
the
profession
more
broadly.
We
conclude
with
top
tips
for
firms
that
want
to
establish
or
strengthen
a
supported
leave
process.
The
Cultural
Context
On
average,
firms
provide
terrific
parental
leave
policies
for
lawyers
in
terms
of
time
and
pay
relative
to
U.S.
standards.
But
in
our
work
as
coaches
and
consultants,
we
find
that
cultural
obstacles
and
inflexibility
undermine
support
for
working
parents
who
utilize
those
benefits,
with
women
navigating
the
landscape
distinctly
from
men.
We
hear
consistent
stories,
such
as:
-
Jan,
now
a
partner
at
a
medium-sized
firm,
says
no
one
acknowledged
the
transitions
she
went
through
during
two
periods
of
parental
leave
at
a
previous,
large
firm.
“There
was
minimal
discussion
of
my
role
on
cases
leading
to
leave
and
coming
back
after
leave.
I
was
isolated.
As
a
result
I
decided
I
wouldn’t
stay
at
that
firm
more
than
a
few
years.”
-
Margaret
remembers
the
piles
of
files
on
her
desk
upon
her
return
from
a
short
period
of
leave,
with
her
managing
partner
leaving
the
office
early
to
get
to
his
son’s
baseball
games.
“I
had
to
prove
my
commitment;
he
didn’t.”
-
Sal,
a
young
partner,
had
to
gear
up
to
battle
for
a
leave
period
after
adopting
a
newborn.
“I
was
the
first
person
to
use
leave
in
this
way.”
Our
clients
also
tell
stories
about
the
stigma
and
assumptions
made
about
their
caregiving
responsibilities
and
capacity
for
or
engagement
in
work
(“the
caregiver
bias”)
and
about
pay
and
opportunities
decreasing
after
they
become
parents
(“the
motherhood
penalty”).
Policies
at
law
firms
–
more
so
than
in
peer
professions
–
commonly
ignore
nontraditional
gender
roles,
negatively
impacting
women
who
are
breadwinners
and
men
who
want
equal
leave
periods.
When
men
don’t
take
leave,
or
are
only
granted
minimal
days
or
weeks
off,
widespread
workplace
equality
is
difficult
to
achieve.
Firm
Impact:
Retention,
Recruitment,
and
Finances
While
individual
leave
and
parenting
experiences
are
often
seen
as
isolated
hurdles
with
impact
on
the
employee
alone,
they
have
repercussions
across
firms.
After
negative
experiences,
high
performers
leave
firms
shortly
after
leave
or
earlier
than
they
would
have
otherwise.
Indeed,
poor
morale,
unfair
compensation,
and
being
passed
over
for
promotion
are
top
reasons
that
women
change
firms
and
positions
within
the
law.
For
firms,
that
results
in
the
high
costs
of
turnover
and
loss
of
top
talent.
Just
think
about
the
amounts
spent
on
recruiting
and
training
new
lawyers
and
lateral
hires
at
your
firm.
Analysts
generally
consider
that
replacement
of
highly
educated
workers
costs
1.5
to
4
times
their
salary.
While
leave
and
other
benefits
require
funding,
in
a
recent
study
Vivvi
and
the
Fifth
Trimester
estimated
an
$18
benefit
for
every
$1
spent
on
support
for
employees
with
children.
In
addition,
there
are
negative
effects
on
morale
and
firm-wide
retention,
with
others
who
anticipate
future
parenting
or
caring
responsibilities
more
likely
to
look
elsewhere
for
a
long-term
professional
home.
And
increasingly,
we
find
that
prospective
employees
review
leave
policies
before
joining
firms,
with
benefits
a
key
factor
in
their
decision-making,
making
recruitment
more
challenging.
The
Profession:
Gender
Disparities
and
the
Leadership
Pipeline
Research
conducted
by
the
ABA
and
other
organizations
identify
profession-wide
consequences
of
the
negative
stories,
replicated
over
time
and
surprisingly
consistent
at
firms
of
all
sizes.
Many
studies
connect
the
dots
to
gender
inequality
in
the
legal
profession
generally,
with
treatment
of
parental
leave
and
early
parenthood
providing
a
partial
explanation
for
disparities
between
men
and
women
in
representation,
compensation,
and
promotion.
Indeed,
parental
leave
experiences
directly
intersect
with
leadership
development:
In
a
2021
study,
for
example,
35
percent
of
participants
reported
their
advancement
to
partnership
was
affected
by
taking
leave.
As
a
consequence
of
these
and
other
findings
that
lawyers
experience
negative
consequences
for
utilizing
parental
leave,
firm
managers
should
address
the
policy
and
practice
of
parental
leave
and
related
benefits
in
their
leadership
pipeline
plans.
Additional
topline
findings
from
studies
of
the
legal
profession
include:
-
Targeted
research
conducted
by
the
ABA
into
the
legal
careers
of
parents
and
caregivers
found
that
parenthood
has
a
negative
impact
on
careers
of
both
women
and
men,
with
severe
consequences
for
women.
In
surveys
and
focus
groups,
women
reported
that
taking
leave
was
held
against
them,
they
were
perceived
as
being
less
committed
to
careers,
and
they
received
fewer
business
development
opportunities
after
becoming
parents.
Sixty-one
percent
of
women
received
demeaning
comments
about
being
a
working
parent.
The
report
found
that
negative
experiences
affected
pay,
promotion,
retention,
and
the
types
of
jobs
that
women
choose
within
the
profession.
A
Supported
Leave
So
what
can
a
firm
do
to
support
new
parents?
Previous
articles
in
this
series
explore
Parental
Leave
101
for
Managers
and
how
to
plan
a
leave
without
tanking
a
career.
Highlights
include:
-
As
mentioned
above,
incorporate
the
practice
of
leave
and
related
parenting
benefits
into
leadership
development
plans.
Leave
is
an
accepted
part
of
a
long-term
professional
career
and
presents
professional
development
opportunities
for
the
employee
and
team
members. -
Top
leadership
will
benefit
from
understanding
the
value
of
working
parents
within
the
firm
and
should
reflect
those
insights
in
decisionmaking
related
to
parental
leave
policies. -
Manager
approach
matters,
creating
a
ripple
effect
across
the
firm.
Ensure
managers
are
informed,
supportive,
and
intentional,
focused
on
the
long
game.
Along
with
the
employees,
they
should
develop
strategic
plans
for
offboarding
and
–
crucially
–
re-onboarding
on
projects
and
cases
so
that
the
employee
does
not
lose
ground
in
their
career
before
and
after
leave.
Managers
may
need
guidance
on
communicating
directly
about
sometimes
difficult
topic
areas. -
Empower
parents
to
be
engaged,
communicative,
and
proactive
in
managing
the
process
surrounding
leave. -
Create
a
shared
language
and
defined
process
across
the
organization
while
allowing
for
flexibility
to
adapt
to
individual
circumstances.
For
details
on
these
elements
and
more,
check
out
the
other
articles
in
this
ATL
series,
providing
in-depth
guidance
for
lawyers
and
managing
partners
on
navigating
parental
leave
in
the
legal
profession.
And
look
out
for
February’s
edition
covering
the
mental
load
of
working
parenthood
in
Biglaw.
Marny
Requa,
JD is
an
academic,
coach,
and
consultant
with
global
experience
and
gender
equity
expertise. Dr.
Anne
Welsh is
a
clinical
psychologist,
executive
coach,
and
consultant
with
a
specialization
in
supporting
working
parents
in
law.
Both
are
certified
RETAIN
Parental
Leave
Coaches,
engaging
a
research-backed
methodology
to
support
and
retain
employees
as
they
grow
their
families.