As more young attorneys—especially women—enter the legal profession in Idaho and arrive at the age where they are also thinking of starting a family (biological, adoptive, step, or otherwise), a number of unknowns present themselves. While parenthood isn’t right for everyone, it will be the right decision for some of those young lawyers, and those young lawyers will have questions. Questions like, what can parents in the legal community do to effectively advocate for themselves as parents in the workforce? What if you want to take time off? What if you want to keep working? How much parental leave will you get? How will your role as a mom or dad affect your role as an attorney? How do you broach this topic with your employer and when?

It is important to note here that this article will differentiate between mothers and fathers—rather than just ‘parents’—at various times, because both biologically and societally, women are often tasked with the lion’s share of raising (and, well…growing) a child. In many areas, mothers have special considerations—mothers often have to tell their employers earlier than fathers to address the impact that carrying a child can have on work and often are forced to reveal a pregnancy earlier because of the changes to their bodies.

While this is by no means a comprehensive guide, here are some considerations, from two women who have experienced this (and wish there was a guidebook!). Note: the thoughts and ideas presented in this article are solely the views of its authors, and do not represent the views of their employers.

Everyone’s Parenting Journey Looks Different

To begin this discussion, it’s important to note that what works for some may not work for all. Don’t automatically assume that just because your colleagues or friends did parenthood one way, you must do it that way too. There are a lot of variables at play: some families have lots of support, some have little, and some are doing this motherhood—or fatherhood—thing alone. Some parents, of any gender, have the financial resources and partner support to take an extended time off with baby (or babies)—and some do not.

Some parents have a desire to stay home, and some can’t wait to get back to work. Either way, just remember that whatever you choose to do (or have to do) it’s OKAY! Whatever you choose, it must be acknowledged that fathers often come from a place of privilege. In our experience, it is never assumed that a father would not want to return to the workforce after having a child. But for many mothers, that is assumed, or at least suspected. Those assumptions can place particular burdens on mothers as they try to chart the correct course for them.

Parental Leave

What are you entitled to, and how do you know if you qualify? Under the Family and Medical Leave Act (“FMLA”), 28 U.S.C. § 2601 et seq., you are entitled to twelve weeks of unpaid leave within a rolling twelve-month period, once per child, for parents who have or adopt a child. But FMLA leave is not a given. First, you must work for a “covered entity” meaning your employer has 50 or more employees. Second, you must have worked for your employer for at least 12 months and have worked at least 1,250 hours for your employer within the twelve months prior to the start of leave.[i]

When both parents are entitled to FMLA leave, they can do what is sometimes referred to as “leave stacking.” This is a benefit that is underutilized and often overlooked. This is an opportunity for each parent to take their leave sequentially, offering additional time prior utilizing other forms of childcare, such as daycare, nanny share, relative care, etc. This can be beneficial for a multitude of reasons, such as allowing the child to grow and develop their immune systems before entering a more formalized care setting.

Separate from the FMLA, many employers have some form of paid parental leave, though not all do. If you are not given paid parental leave, you may still have options. You may have to take unpaid time or use sick or vacation leave in combination with your FMLA. For those attorneys who don’t use much of their sick or vacation leave annually, accrued leave can fund a quite reasonable period of paid parental leave. In any situation, we recommend reaching out to your employer’s Human Resources (“HR”) department, managing partner, supervising attorney, etc. Even when FMLA leave is not available, oftentimes, employers are willing to work with employees to accommodate at least some period of parental leave. Additionally, depending on the benefits offered through your employer, you may have the ability to apply for part-time disability and receive a portion of your salary while on leave.

An additional consideration for anyone that carries a pregnancy is the potential need for leave prior to baby’s birth. Some women may have pregnancy-related conditions that require bedrest or other leave from work. If needed, discuss with your employer how this will affect your use of maternity leave and what options you have for remote work and/or leave. Protections for pregnant individuals include the Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq., which applies to private employers and public sector employers (state and local governments) that have 15 or more employees, and provides reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

Ultimately, the important takeaway here is that we recommend asking your employer about parental leave policies before you need to use them. If you are not comfortable asking HR or a supervising attorney, for any number of reasons (fear that it may negatively affect your trajectory, not wanting to reveal a pregnancy yet, etc.), we recommend finding someone that you trust within your organization who may be able to guide you discreetly to relevant information. Even if you think you are years out from having kids, it’s never too early to educate yourself on your company’s policies. Knowledge really is power!

Reentering the Workforce

So, you’re preparing for your leave. The next question pops up: how soon do you want or need to re-enter the workforce?

If you plan to reenter immediately, think about childcare.

If you are returning immediately, or even after a few months of leave, you’ll need to think about childcare before baby arrives. There is a myriad of different childcare options available for new parents, all with their own pros and cons. Some parents choose to hire a nanny or au pair to keep their children at home. This is a great option as your child will receive individualized attention, be in a familiar setting, and you can put parameters on play, food, screens, etc. However, this option is often the most expensive, and it poses the highest risk that your childcare provider suddenly won’t be available, leaving you high and dry, so this might not be the best option for everyone. In order to make this option more cost effective, some will opt for a nanny-share situation with other parents they’re familiar with.

Some parents may choose to enroll their children in daycare. This is also a great option and provides children with socialization from the get-go. It is often a fun and educational environment. But prepare for the germs. Speaking from experience, you may miss more work in the beginning because you are home with a sick child (or a sick self), until their (and your) little immune system can catch up. Most parents benefit by making this decision prior to the child’s birth so that you can tour the facilities, understand your options, and get on waitlists early—some waitlists can be months long.

Relatives are often the most cost-effective form of childcare. You know them, and you trust them. Your kids are familiar with them. We love this! However, this isn’t a viable option for all. Some people don’t have relatives available to help for a number of reasons. And, as with a nanny, putting all your eggs in a one-person childcare basket can be risky if a relative suddenly isn’t available due to illness or otherwise.

Finally, don’t feel compelled to fit in only one box: you may have a nanny-share Monday through Wednesday and grandparents on Thursday and Friday. Get creative on what works for your family—from a financial and comfort level. Ultimately, you need to do whatever is best for you and your child(ren). That looks different for everyone!

Have a plan for feeding your child.

Will you breastfeed, bottle feed, pump, or formula feed? Will you do a combination of all four? It is worth giving some thought to how you will be able to execute each of these choices before you return to work. Each method has pros and cons.

Under the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), for one year after a child’s birth, covered employees may take reasonable break time “each time such employee has need to express the milk,” meaning an employer must provide covered employees needed breaks, and a private space, to pump.[ii] In order to qualify as a “covered employee,” you must work for a qualifying employer with 50 plus employees.[iii] These breaks also apply to teleworking employees.

Direct-from-breast feeding is, for many, the most convenient method of feeding. You aren’t cleaning bottles, which (as you’ll likely learn quickly) is the bane of most parents’ existence. However, exclusively breastfed babies can’t be away from mom for long periods of time, which can make return-to-work difficult. Some may not be comfortable disrobing in a public place, as may be necessary. Additionally, this option isn’t available to all, as some babies struggle to latch, or mom is on a medication that precludes breastfeeding, etc.

Many parents opt for a combo of breast and bottle feeding. Some mothers aren’t recommended to feed directly from the breast due to preemie babies and weight concerns, so they may be pumping and mixing in formula as needed. You may go in with one plan and find that it doesn’t work out the way you wanted. Parenthood is about adjusting to the needs of your child(ren) and finding what works for you as a family unit.

Formula-fed and pump-fed babies can be away from mom for longer periods of time, which gives many mothers back the ability to work full days. Formula feeding requires planning ahead—packing bottles and formula wherever your child goes. And pumping is an undertaking. There is a lot of planning and equipment involved. I have distinct memories of studying for my 3L White Collar Crime final in my school’s nursing room, memorizing the elements of embezzlement while hooked up to a breast pump. It will be important to discuss pumping accommodations with your employer before you need them. Will you have a fridge to store breast milk in? Will the nursing mothers’ room be locked? How often are my pump breaks?  All important questions to ask. It is also important to do your own research and understand your rights under the FLSA and the PUMP Act. Seriously, (you’ll get tired of me saying this by the end of this article, but . . .) knowledge is power!

It is important to have a discussion with your partner (if you have one) about division of labor related to feeding. Who takes nighttime feeding? Will you wake in shifts? Maybe one of you takes 9 p.m. to 2 a.m., and the other takes 2 a.m. to 7 a.m., to allow for some periods of sleep. This may again take some coordination, depending on how your child is being fed. Figuring out a way to get SOME sleep can be essential to a successful return to work.

If you plan to take an extended leave, think about your reentry strategy.

If you are going to take an extended leave from the workforce, what is your plan to re-enter? If you are able and would like to take extended leave to stay home with your child(ren), there are things that you can do while on leave to help ease the transition back into the workforce. Primarily, this will consist of networking. This will keep your references up-to-date, and you may even meet other working moms.

Having a larger network will ease the transition back into the workforce. Seriously, go get the coffee. (Shameless plug here) Attend an IWL networking event,[iv] you’ll be glad you did! If you have a good relationship with your employer, ask about the possibility of contract work. Even just a few hours a week can keep your references fresh, avoid a significant resume gap, and bring in a little extra income. You might even find that a few hours away from baby exercising your lawyer brain is just what you need to stay sane.

Think About What Type of Job Best Fits Your Lifestyle

Every type of job has pros and cons. Think about what type of job best fits your lifestyle. Some parents prefer to be fully in office. I have heard many parents say that they are able to be more mentally present for their children if their workspace is completely separate from their parenting space. However, fully in-office jobs do tend to have the least flexibility.

Alternatively, some parents prefer to be fully remote. This generally provides the most flexibility for parents. You are able to be there for your child(ren) if they need you, which often occurs with minimal warning. However, it can be isolating and difficult to separate work life from home life (you’re more likely to respond to that late-night email if your office is right there.)

Some parents in the workforce prefer a hybrid working model. You’re working in office, but you can be flexible and work from home if needed, or even have set work-from-home days. For a lot of working families, this is a great middle ground. However, not all employers permit this, and many jobs require you to be physically in person. In any case, be aware when exploring the possibility of remote or hybrid work that some employers will not be happy if they find out that you don’t have separate childcare while you are working from home.

Questions to Ask Your Employer

Depending on your relationship with your supervisor and/or your company’s HR Department, it would be beneficial to bring these questions up before you are expecting (or preparing in other ways for a child).  Ask the hypotheticals—how much parental leave do our employees get? What happens if they have a sick kid? Is telework permitted? Can I adjust my work schedule or add in other forms of flexibility, and how will that affect my pay structure? If you are not comfortable asking the question, do your own research. Ask colleagues who have been through it. Read your company’s policies on parental leave and/or pumping, on sick leave, and on hybrid work.

Additionally, you’re in the legal field, so do what you do best! Read the acts, and review the case law. Read about the FLSA, the Pregnant Workers Protection Act, and the PUMP Act. I bet you already know what I’m going to say here—knowledge is power!

Determine What Flexibility Means to You

Really take the time to think about what flexibility means to you. Getting into the office a little later in order to drop kids off? Being permitted to set telework days? Telework flexibility if you unexpectedly have a sick kid? Dropping down in your billable hours? Flexibility looks different for every parent in the workforce. It is important to communicate with your management or supervisor your ideas for flexibility. Some employers will be very flexible, and others may not. You need to make a determination on priorities. Many higher paying jobs are more demanding with less flexibility, while more flexible jobs may come with lower pay rates. This applies both in the private sector and the public sector. You need to do what works best for you and your child. That will look different for every parent in the workforce.

Have a Contingency Plan

So, you’ve returned to work, and it’s the first day of the trial that you’ve been prepping for since last November, and your child is sick with a fever of 103 degrees—what do you do? Think through scenarios like this so that you have a contingency plan. Do you have someone you can call on short notice to cover for you, or to take care of your child? This may be a coworker who can step in, or an aunt or uncle who can watch your child on short notice. There have been a number of times that I have called a coworker (and trusted friend, Tracy) to pick my child up from school when I was stuck in court, or times that I have worked in my office with the door shut and my sick child asleep on my office couch.

How Do You Balance It All?

A lot of this may sound overwhelming. And oftentimes it can be. Working full time while parenting (also a full-time job!) can get tough. But planning ahead can make it easier. That’s why it is best to think about these things before you end up in the throes of parenthood. Come up with a plan. Your plan will adjust and change as your life changes, along with your priorities.Ultimately every parent in the workforce will have a different journey. The question is how to strike a balance best fits work into the mix for you. Just remember, balancing work and parenthood might be difficult, but there are so many parents—both in the thick of it and empty nesters—in our community to support you.

Logan Weis-Hurzeler is a Deputy Prosecuting Attorney for Ada County, in the Civil Division.  She’s a graduate of the University of Richmond School of Law and was a visiting student at the University of Idaho College of Law. She’s the proud mom to an awesome tweenager and winged it at single parenthood during her early career (okay, still winging it). She’s currently the vice chair of the Government and Public Sector Lawyers Section and on the IWL Lunch & Learn Committee. When she’s not frantically running her child to various after-school activities, she can be found birding, knitting, or reading.

Madison Miles is a mother, wife, and attorney at Gjording Fouser Hall, PLLC. Madison is a dedicated legal professional and passionate advocate for mothers in the workforce. With over 12 years of experience, Madison has consistently strived to create a more equitable and supportive environment for women balancing career and family. As a mother herself, she brings a unique perspective and deep understanding of the challenges faced by working mothers. Through this article, Madison aims to empower women to advocate for themselves and achieve their professional goals without compromising their personal aspirations.

[i] 28 U.S.C. § 2611(2).

[ii] 29 U.S.C. § 218d(a).

[iii] 29 U.S.C. § 218d(c).

[iv] https://idahowomenlawyers.com/event-calendar/.