Let's start from the beginning. For most of us, our first experience as a law mom involved navigating our employer's maternity leave policy.
Leave policies vary tremendously by work place, with big law firms providing fairly generous policies in comparison to government positions or smaller law firms. The race to recruit and retain top law students that occurred until late 2008 really helped out with this issue. Firms that had once provided only the legally required leave began to use generous maternity leave policies as a way to distinguish themselves from the pack. Soon, most (but definitely not all) law firms were offering at least 12 and sometimes 18 weeks of paid leave, many of which allowed associates to tack on accrued vacation to make it even longer. Above the Law has a great survey of leave policies
here.
So, what's a future law mom to do when her employer doesn't provide "market" leave? I faced this issue at my firm when I decided I was going to be a Law Mom. Although the firm's management had tried in most ways to keep up with BigLaw in terms of compensation and other benefits, our maternity leave policy was far from generous. We were allowed 6 weeks of paid time off and then required to be back in the office immediately thereafter. For some women, this might be fine. But I knew I would resent being back in the office so quickly.
I considered looking for a job at a different firm but, ultimately, decided that I would try to get the policy changed before I gave up on a job that was otherwise pretty great. I was discouraged to find an internal memo from 2003 from an ex-associate practically begging for a more generous policy. I was even more discouraged when I found out that she had ended up quitting within 3 weeks of writing the memo.
Luckily, with the help of another future Law Mom and a very receptive director of HR, I was able to bring this issue up with our firm's decision makers, backed with information from Above the Law's survey linked above as well as specific information on the policies of a few key firms with whom my firm regularly competes for legal "talent." After a few months of internal debate among the partners, our firm policy was improved dramatically.
I learned a lot from this experience. First, I learned that it never hurts to just ask (in a professional, non-whiny or threatening sort of way). Second, I learned that doing your homework can really pay off. The partners at my firm were much more convinced by the information I presented about what other firms were doing than they were by any appeals to their compassion or fairness to future moms.
If you have had any experience improving your firm's leave policy, please share it with us!