Why Is The ABA Backwards On Maternity Leave?

The American Bar Association is cutting maternity leave for some of its employees.

We’ve heard the disheartening statistics before — the United States (which under federal law requires 12 weeks of unpaid maternity leave for employees) routinely ranks at the bottom of countries when it comes to maternity leave. This is despite the known benefits of providing a robust parental leave program — in terms of the child’s development, the mother’s mental health, and the subsequent impact on the labor market. But in the land of the free and the home of the brave, the pernicious notion of laisssez faire capitalism has taken root, and change on this issue has been slow.

But there have been pockets of progress. California offers limited paid leave for residents, and the District of Columbia is considering adopting the most generous parental leave program in the country, which would provide up to 16 weeks of (partially) paid leave.

The legal profession is actually better than many other industries in terms of parental leave. Some of the nation’s biggest Biglaw firms provide generous leave to new parents. So why is the American Bar Association, the nation’s largest association of lawyers, cutting maternity leave for some of its employees?

Over the summer (announced June 11 and effective September 1), the ABA implemented a new maternity leave policy. Previously employees in all offices were given up to 16 weeks of leave, which is commensurate with the leave requirements under local D.C. law. Now, however, the policy will differ depending on your location. Employees in D.C. still receive the 16 weeks required by local law, but if you work in another location, too bad, so sad. Those employees have seen their benefits pared down to the federal minimum, 12 weeks.

Sure, this policy is 100 percent legal. But that doesn’t mean it isn’t sh**ty. No matter the situation, offering fewer benefits than employees had previously enjoyed is bound to cause a stir. And from the tone of the comments from our tipsters, folks aren’t happy:

Ostensibly this is being done to save money, but the ABA is shortsighted – employee morale is low and turnover is extremely high. It is not a family-friendly employer (flexible work schedules for new parents are routinely denied) and senior management seems grossly out of touch with how best to retain and reward good employees. Yes, employees still have minimum FMLA leave, but this is an area where the ABA should be leading by example, especially considering that it has commissions and working groups specifically dedicated to ensuring diversity and the retention and promotion of women in the workplace.

We reached out to the ABA for comment, but they declined to give one. I suppose the new policy speaks for itself.

Sponsored

Earlier: Which Biglaw Firm Has The Best Parental Leave Policy?

Sponsored