Parental Leave 101 For Managers

Ed. note: This article is part of Parental Leave & The Legal Profession, a special series for Above the Law that explores the realities of parental leave and return-to-work in law firms. From planning leave to reintegration, from the role of managers to the mental load of Biglaw parents, these articles bring research, clinical insight, and practical strategies to help lawyers and the firms that employ them navigate one of the most critical transitions of their careers.

In previous articles in this series, we covered the interplay of policy and culture related to parental leave in the legal profession and step-by-step guidance for those taking leave. The key to a successful leave is not in the hands of an individual attorney, however. It’s dependent on the approach of superiors and colleagues. With that in mind, this month we shift our lens to managers, providing insights and strategies to ensure that leave periods are handled with ease and skill.

Managers make or break parental leave experiences, supporting employees for long-term success or, conversely, setting them up for stress and lower productivity. We refer to individual managers for ease of discussion, but it may be that the person works for multiple partners, in which case coordination among managers may be necessary. 

According to a recent study of women executives undertaken by Phoebe, 98 percent of women want to continue employment full time post-pregnancy and only 15 percent of participants noted any decreased interest in work. Yet a 2023 ABA study found that 61 percent of mothers have experienced demeaning comments about being a working parent (versus only 26 percent of fathers). Women’s commitment is steady, but perceptions about them change as a result of parenthood. Unfortunately, this bias contributes to women leaving firms when they otherwise would not. Leaders do, however, have the power to establish a productive environment and even disrupt long-standing norms.

What are top strategies for managers? 

1. First, check your mindset.

Thoughts such as “Here we go again;” “We’re all carrying this weight,” “I don’t have time for this,” and “I always wondered if she/he was really committed,” draw on societal biases about gender and parenting. They reflect a scarcity perspective that short-term absences and external commitments are a net loss for an organization, and they lead to isolation of individuals and negative impacts on team-wide morale and collaboration. 

Alternatively, treating parenthood as not uncommon, yet still momentous, has tangible benefits:

• The employee is engaged and committed to make the off-boarding process as easy as possible for colleagues;
• Communication is smoother;
• Clients are more likely to be supported with the transition plan and therefore more satisfied with the firm;
• Professional development opportunities for more junior staff members can be identified; 
• Good morale among team members has a ripple effect, translating to greater longevity. Firms are stronger when younger team members can see themselves at the firm for the long term, including their potential transition to parenthood or other outside endeavors down the road;
• Finally, the employee themselves will be going through a transformational experience, and as one of us has explored elsewhere, the leadership skills of parenthood are a boon to the workplace.

2. Second, engage in a planning process.

While HR folks are key to the compliance side of planning and policy, managers need to be involved in how work is delegated, including active conversations with the employee. How can you initiate a robust process for a successful transition, given the time constraints of legal practice?

• A handful of well organized meetings and a few planning documents go a long way. Keep in mind that the ROI on a well-planned leave is exponential, saving time and headaches that accompany impromptu or unorganized absences.
  • Leave the HR talk to the HR experts and focus on case logistics, work allocation during the employee’s absence, client communication plans, and off-boarding and re-onboarding. 
  • Take time to check in with your employee. Remind them that they are a valued member of the team and that you are going to work together to ensure a smooth transition leading to leave and upon their return.
• Establish a framework for planning and team-wide communication.
  • Most often the employee will draw up a list of cases and activities and identify a delegation plan (who, what, and when). 
  • You can ensure that there is a clear timeline and system in place for discussions, status updates, and collaborations among team members. 
  • Importantly, the plan should envision warm handoffs to clients when relevant. Rather than a leave period seeming to leave clients in limbo, it can provide an opportunity for them to appreciate the breadth of attorneys in the firm.
• Agree on a communication plan for the period of leave. Establishing boundaries about leave will improve peace of mind for all involved (who, when, through what channels, and about what matters?). Quite often new parents do want to be informed of significant developments in cases; they may not, however, want to be drawn into depths of work. Your support around the communication plan is vital.
• Develop a re-onboarding plan. A smooth return starts with planning for it before leave. Set out expectations for internal and external meetings after the employee returns to work, the pace of work during the initial weeks, and projects and other activities. The plan may change as cases develop, but it is always valuable to anticipate the matters the employee will re-engage with on their return and levels of priority. This coordination is useful for team members and clients and is often surprisingly informative, engaging and aligning the employee’s professional goals and those of the firm.

3. Third, ensure re-onboarding is smooth and successful.

An employee’s return from leave is perhaps the most critical to long-term success and productivity, and the phase can be handled well with a little forethought. The starting point is the re-onboarding plan agreed previously, but it will inevitably require some modification.  

• Offer  a conversation with your employee before they return: What has changed in terms of their plans and expectations, your priorities, personnel dynamics at the firm, and activities in cases and projects? Focus on what they need, and how you can help support them.
• Be empathetic. Parents are motivated to meet goals and succeed at work. A little grace can give them peace of mind, which ultimately will allow them to fulfill their commitments to the firm. 
• Flexibility can improve the foundation of a return. The new parent may request a shortened workweek, work-from-home days, or flexible hours on a temporary basis. Be prepared with what options are available. Is firm policy fixed, or can you advocate for your employee, in light of the long-term retention and advancement benefits of short-term schedule modifications? What in-person events are critical?  
• Adaptability and consistency can coexist. Babies and kids don’t always adhere to a plan. Consider the extent to which the firm can adapt to unique circumstances that might arise impacting the employee’s schedule, while also aiming for long-term consistency and equity among team members.

Parental leave provides an opportunity to demonstrate true leadership through challenges, and the way you show up for this employee will have a massive impact on their career. Leading with empathy and awareness of the potential for growth in this phase will pay back many times over.

This article has focused on the role of partners and managers, and in future editions we’ll explore organization-wide efforts to strongly support working parents. But first, next month’s feature takes a deeper dive into returns from leave. We’ll look at how new parents can navigate their return in a way that supports their new parenting role and ongoing career growth. 

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Marny Requa, JD is an academic, coach, and consultant with global experience and gender equity expertise. Dr. Anne Welsh is a clinical psychologist, executive coach, and consultant with a specialization in supporting working parents in law. Both are certified RETAIN Parental Leave Coaches, engaging a research-backed methodology to support and retain employees as they grow their families.