Anyone deal with taking paternity leave during a 2-year clerkship? How long did you take and how’d you bring it up to your judge?

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I have a colleague that just did this for a one year clerkship. Like everything in the clerkship world, it’s all judge dependent. My judge gave the clerk 2 weeks, but he definitely could have gotten more because my judge is super family oriented. You might be able to swing working some days from home so you can be with the baby.

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I took two weeks off. My judge is also very family-oriented and would have given we more. I’d suggest figuring out how long you want, then proposing that amount of leave rather than asking the judge how much time they’ll give you. Also if your judge has a career clerk, you could talk to them first because they might have institutional knowledge of what the judge has done in the past.

We’ve had childcare issues, and I’ve often had to WFH. I think that’s a much more accepted arrangement since COVID showed the judges that they could do a lot of their work remotely (caveat, I’m at an appellate court; it might be different with a trial court).

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I took parental leave (I'm the father) during a 2 yr clerkship for 3 months. I was able to take up to 5 months (20 weeks) and my judge was able to hire a temporary clerk during my time off. My judge didn't know this was an option until I talked to HR, so I'd recommend talking with them about what you're eligible/available to take, then seeing what your judge is willing to do.

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I was told by a random colleague (not HR), but never verified, this parental leave for law clerks, and funding for temp clerks, was included in the cares act. So maybe it sunset, but I'm not sure. Also, if I wasn't clear, both me and my temp replacement were paid our full respective salaries while I was on leave.

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