Law Firm Maternity and Paternity Leave Policies: The Latest

Most attorneys have a range of personal as well as professional goals. Becoming a parent is often one of them. The legal industry has long worked on the premise of long hours and total commitment to the firm, leaving little time to have a family. 

While there’s no hard-and-fast rule across firms, there are signs of resistance towards generous leave policies. The reasons are likely economic, as firms are working within a rapidly changing market. For lawyers, it often means facing the possibility of a career setback in order to raise children. 

Here are some pressing questions and answers about this dynamic and challenging issue.

Do Law Firms Offer Maternity and Paternity Leave?

Traditionally law firms have not been generous with leave for lawyers who have just given birth, or their partners. One journalist wrote in 2024 that law firms are notorious for pretending that attorneys just don’t have a life outside of the office. Despite that reality, there’s a huge range of potential leave offered by firms. The leave for primary caregivers can range from one week to six months, but it’s safe to assume the longer leaves are less common.

Is There a Difference if You Give Birth?

Typically, yes. The policies vary from firm to firm. In general a lawyer who gives birth is entitled to additional weeks of leave, sometimes called medical leave. Some firms have more generous parental leave policies, offering leave whether or not the lawyer has given birth. Non-birthing partners, adoptive parents, and those who have become parents by using a surrogate might all have entitlements. 

A survey conducted at the end of 2020 found that 43% of firms offered 14 to 20 weeks of paid maternity leave, but only 23% offered the same number of weeks for paid paternity leave. The same survey found 22% offered adoption support and 9% offered benefits for surrogacy and egg freezing. 

What About Law Firm Partnership Status?

Firms who do offer leave might offer different benefits depending on status within the firm. Non-partner lawyers, i.e. associates, might have fewer weeks of paid leave entitlement than partners in the firm. Non-attorney employees, such as paralegals and legal assistants, might receive even less leave entitlement. According to data collected by Above the Law, some firms offer the same parental leave benefits to attorneys and business services professionals.

Is Career Advancement Stalled if You Take Parental Leave?

No law firm would ever admit that they look upon an attorney who takes parental leave with less professional favor. There are attorneys who certainly perceive that they have suffered career setbacks because of the choice to be a parent and to take time away from the firm. In the 2020 survey, 28% of attorneys said they felt they were hindered in the advancement towards partnership because of parental leave. Sixteen percent of respondents said taking parental leave reduced their access to quality legal work. 

What is the Firm’s Perspective?

The possible resistance of firms to give generous parental leaves came to light in spring 2024, when a major law firm announced a rollback of its leave benefits. Previously the big law firm had offered 18 weeks of leave to all parents. Now, parents get 12 weeks of baby bonding time. If a parent gives birth, they receive an additional six weeks of short term disability.

It’s perhaps a sign of the times for law firms, who are laying off staff and reducing hiring levels. In 2023, lateral hiring dropped by 35% across ranks. Associates took the biggest hit, with hiring levels going down by 43%. It’s been a bit of a topsy-turvy few years for the profession, as demand for legal services skyrocketed after the pandemic and then quickly diminished. Firms therefore had a surge in hiring of associates they had to later lay off.

Generous parental leave benefits are a recruitment tactic to attract legal talent. Now that talent is not in demand, benefits might be disappearing. The big law firm who made waves by rolling back leave benefits wrote in a statement that the organization had to balance the need for competitive benefits while also ensuring coverage of client matters.

Further, as one observer noted, fewer and fewer lawyers are joining firms for life. Therefore, fewer and fewer firms are willing to invest in paid leave when the attorney does not intend to stay with the firm for the long term. 

Are Lawyers Going to Court Over Leave?

One trial set to start in 2025 argues that a firm’s leave policy is discriminatory. The leave policy offers 18 weeks for female attorneys but only 10 weeks for male attorneys. The former associates who brought the case say this perpetuates outdated gender stereotypes and limits the ability of fathers to participate in child-rearing. The firm says the additional eight weeks is to account for postpartum recovery which is a medical necessity.

What’s the Global Perspective?

The controversy over parental leave comes in the context of how the United States manages parental leave across industries. The United States is the only wealthy country that does not guarantee parents time off work when they have a baby. Among wealthy nations, the average length of paid maternal leave available to people when they give birth is 52 weeks. That is a combination of maternal and other types of leave and does not always account for full income replacement. No such federal benefits exist in the U.S., although some state might offer certain guarantees.  

Build Your Legal Practice with Martindale-Avvo

As you’re working to balance your professional career with your life goals, the added challenge of marketing your practice can be a significant hurdle. By working with the marketing team at Martindale-Avvo, you can build the recognition of your work and earn new client referrals. Talk to us today to learn how we help.