I’ve been asked to weigh in on how to improve my firms parental leave policy. It’s currently 8 weeks paid for birth parent with an extra week for each year at the firm (up to 12 weeks total) and 2 weeks paid for non-birth parent. I’m in a major city, firm is a boutique that has been around a very long time. What would you suggest? Any studies or research you’ve seen recently on trends in parental leave policies also helpful. I’d like to have some sort of data to back up what I recommend. TIA!

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I’m in Biglaw in Atlanta, and my firm is at 20 weeks for the primary caregiver and 8 for non-primary. I like the primary vs non-primary language, which allowed a father whose wife is disabled and who is the primary caregiver for their kids the longer term to care for their baby. Also, curious how your firm would treat an adoption with the “birth parent” language.

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Omg this is incredible

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The only thing I have to add is I’m shocked reading this thread! I’m in Canada and 1 year parental leave is standard but can also be extended to 18 months.

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Yep but also, it’s partly paid (ie by the government), with some employers not offering any top up. My employer isn’t offering anything so I’m taking a 70% haircut during my leave.

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2 weeks for the non-birth parent is far too low. For reference, my firm provides 3 months for the non-birth parent. You should also consider if the definitions should be expanded to include adoptions, if it isn’t as this is very common now. My spouse’s firm offers an additional 2 weeks of bonding leave for the non-birth parent that they can take anytime within the first two years of having the baby.

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To stay competitive I think you need at least 4 mo paid plus 2 mo optional unpaid.

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Look at the recent Jones Day litigation on this

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I took 14 weeks (over 1 year with the firm) and 16 weeks (over 3 years) with the option to take an additional amount unpaid up to 6 months total. These amounts were the result of an overhaul of the firm’s policy proposed by the female leaders of the firm. I believe this is becoming more of the norm among AmLaw 200 firms.

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Finally.

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We revised recently and made it gender neutral. Boutique in big city. We did 8 weeks of leave for anyone following the birth or adoption of a child, which can be taken anytime in the first 12 months. That is in addition to any disability coverage required by law (aka childbirth disability). So typical birthing mother gets 14 weeks for vaginal birth and 16 weeks for c section.

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Our firm just made ours gender neutral and gave everyone more leave. The best part was the last policy said “the primary caregiver” would be allowed to take an extra 2 months. My male coworker called HR and said “I’m the primary caregiver”. Apparently he was the first to ever do so. Everyone else only took 2 weeks even though the state allowed 6.

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Honestly our standard needs to be 12 weeks paid for both. Fund FMLA. I know complicated and I represent employers but come on

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Equal amount of leave for birth and non-birth parent

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Our firm does that, 18 weeks for either parent. And the birthing parent can take STD before if needed for pregnancy related incapacity. We used to have a policy that provided less leave to non-primary caregivers - distinguishing on the basis of sex/gender/affiliated characteristics runs afoul of discrimination laws if it goes beyond what is based on the differing medical needs of birthing parents. But they realized that there’s really no way to enforce the primary vs non primary caregiver distinction, which I believe is why they made it universal.

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This is already extraordinarily better than my firm offers!

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I work for a mid-size regional firm in Texas that offers 16 weeks paid and an additional 12 weeks unpaid if requested.

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Google what Deloitte offered (I used to be an AGC there; it was very well received and appropriately used).

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12 weeks paid is pretty standard IMO. Anything less seems stingy to me. My office paid me for 16 weeks.

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I would suggest increasing the weeks paid leave for non-birth parent. From all of the working new mothers I’ve heard feedback from, the consensus is that they would have felt way more supported if their spouse actually had more time off to help them. With a pretty good amount of time being offered for birth parents already, a fantastic way to support working birth parents would to enable them to have help from non birth parents further than just two weeks.
How does the firm handle adoptions? Does everyone get two weeks because they are “non birth” parents? If so, I’d amend that too.

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At least your firm has a written policy 😒 mine doesn’t and I assume I will have to use all of my short term disability insurance that I pay for when that time comes. My husband gets 2 days at his job. It’s pathetic.

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It’s honestly pathetic. The only other female attorney we had just left to go back to her old firm and I know a part of her decision was a lack of maternity leave here. She was the first younger female attorney we have had. I’m next. But we have had staff that have needed it in the past and from what I understand, they received nothing. They clearly know it’s an issue but refuse to offer anything. We finally have a female partner and I’ve thought about talking to her about it.

Minimum twelve weeks paid for both parents, including in the case of adoption. Can be taken at any time in the first year of having/adopting the child and can be split (meaning non-birth parent can be home for a few week following birth, go back to work, and then take leave when birth parent goes back to work — or whatever may work for that family).

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You can’t distinguish the leave offered on the basis of sex. any additional leave for birthing parents should be tied to disability and not bonding leave. Bonding leave should be equal for both. You also shouldn’t force a parent to take disability to fund the same leave you give to the non birthing parents fully paid. Good luck!

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This is very generous already but I'd make equal for both parents. These aren't the days when women do all the child rearing.

Leave is important but support upon return is equally important. Options to go 80% for 80% pay are okay (but often ends in 100% work for 80% pay so it has to be adequately structured); cafeteria plan for day care; health insurance, lactation breaks, flex, wfh. I know that's not what you asked but those are the policies that will really make the long term difference for parents.

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I don’t have any data, but perhaps the data behind the Federal Employment Paid Leave Act would help inform your decision? I’m fairly certain the administration came up with 12 weeks from some kind of research. I applaud your firm’s attempt to improve, cuz my long standing boutique firm in DC has the same policy as yours currently and it’s very difficult on the families.

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Mandated 10 week leave for all parents (regardless of birth) like the fmla but also provides an insurance-like policy to cover pay up to $1k a week. I’m sure there’s more on the employer end, but that’s the practical effect for the employee.

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Also consider language for adoptive and foster parents.

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This is super generous compared to the norm around me. I'll throw in - consider a phase in approach for the return end

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My firm cuts billables in half for the month prior to starting maternity leave and the month of return.

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