For most folks, the term “leave” means to leave. Even in the workaholic, billable hour model of Biglaw, people expect that when they invoke family or medical leave they will actually get to leave their job and deal with whatever issue they have to deal with.
One Biglaw firm recently took an opportunity to disabuse attorneys of this notion, reminding them that family and medical leave is all well and good, but that there’s more than enough time in the day to look up from your ventilator and do a little work for the firm!
This comes from Pryor Cashman’s Donald Zakarin, co-chair of the firm’s Litigation and Music Groups and the M+E Litigation Practice:
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On the one hand, this is some truth here.
The firm owes its lawyers leave, but a a licensed attorney’s professional and ethical obligations run separate from employment. A client’s malpractice claim doesn’t really care if the lawyer missed that deadline because of leave or incompetence. Courts are out here actively denying scheduling changes for pregnant lawyers, if you want a sense of how the gatekeepers of the profession perceive the issue. It may not be right, but it’s reality and firms can’t have anything slip through the cracks.
But on the other, more accurate hand… this is 100 percent the firm’s...
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