Women in the Profession Proposed Alternative Work Arrangement Policies

Women in the Profession Proposed Alternative Work Arrangement Policies

LAW OFFICES

BALLARD SPAHR ANDREWS & INGERSOLL, LLP
1735 MARKET STREET, 51ST FLOOR
PHILADELPHIA" PENNSYLVANIA 19103-75 1 99
215-665-8500
FAX: 215-864-8999
LAWYERS@BALLARDSPAHR.COM

LILA G. ROOMBERG June 14, 2000
DIRECT DIAL: 215-864-8527
ROOMBERG@BALLARDSPAHR.COM

Marvin S. Lieber, President
Pennsylvania Bar Association
100 South Street
P.O. Box 186
Harrisburg, PA 17108-0186

Dear Marvin:

Last year, as part of the Pennsylvania Bar Association's Task Force on Quality of Life/Balance, Kathleen Wilkinson and I were asked to review and report on policies concerning alternative work schedules. We reviewed a great deal of material, including the work of the Boston Bar Association, the Committee on Women in the Profession of the American Bar Association, the North Carolina Bar Association, the report of the "National Conference on the Emerging Crisis in the Quality of Lawyers Health and Lives - it's Impact on Law Firms and Client Services," as well as the Philadelphia Bar Association's 1989 policies and the 1999 Model Employer Policies for Parenting Lawyers prepared by the Committee on Women in the Profession and adopted by the Board of Governors of the Philadelphia Bar Association on December 20, 1999.

Kathleen and I think that the 1999 policies of the Philadelphia Bar Association are particularly well done. They cover disability as a result of pregnancy, child birth and related medical conditions, child care leave, family care leave, and alternative work arrangements in a concise and clearly written manner. The policies and a list of the matters we think bear considering when establishing any alternative work arrangement are enclosed. We suggest that the Pennsylvania Bar Association approve these policies and urge all Pennsylvania law firms to adopt them.

PHL-A 1377778 v I

Marvin S. Lieber

June 14, 2000

Page 2

Kathleen, among other members of the Pennsylvania Bar Association Commission on Women in the Profession, was involved in drafting the policies, guiding them through the adoption process, and working for implementation by Philadelphia law firms. If you think this experience might be useful to the Pennsylvania Bar Association, please contact me.

Sincerely yours,

Lila G. Roomberg

LGR/mah

Enclosures

cc:Kathleen Wilkinson, Esq. (w/o enc.)
Doreen S. Davis (w/o enc.)
Jacqueline M. Vigilante (w/o enc.)
Dana B. Klinges (w/o enc.)
Marianne E. Brown (w/o enc.)
Jane Dalton (w/o enc.)
Kenneth J. Horoho, Jr. (w/o enc.)
C. Dale McClain (w/enc.)
Sandra W. Upor (w/enc.)
Jennifer M. McHugh (w/enc.)

PHL-A 1377778 v 1

RESOLUTION OF THE BOARD OF GOVERNORS

OF THE PHILADELPHIA BAR ASSOCIATION ENDORSING

MODEL EMPLOYER POLICIES 1999

FOR PARENTING LAWYERS

WHEREAS, the Philadelphia Bar Association affirms its commitment to promote equal opportunity for full participation in the legal profession by both men and women lawyers; and

WHEREAS, the Philadelphia Bar Association acknowledges that full participation in the profession is more readily accomplished when attorneys are able to achieve a rewarding balance of commitment to the profession and commitment to family life; and

WHEREAS, the Philadelphia Bar Association encourages parenting lawyers and their employers to work together to build creative solutions to meet the professional and family commitments of parenting lawyers; and

WHEREAS, the Philadelphia Bar Association formed the Committee on Women in the Profession ("Committee") in 1986 to study and recommend action on issues affecting women in the legal profession and to promote the advancement of women in the profession; and

WHEREAS, the Committee developed Model Employer Policies of Family Responsibility, which were adopted by the Board of Governors of the Philadelphia Bar Association in 1989; and

WHEREAS, the Committee determined that legislative and societal changes required a reexamination and updating of the Model Employer Policies of Family Responsibility; and

WHEREAS, the Committee conducted and evaluated a survey of Philadelphia legal employers, carefully reviewed applicable legal standards and examined an extensive body of literature regarding the following employment policies and practices:

Disability as a Result of Pregnancy, Childbirth and Related Medical Conditions,

Child Care Leave,

Family Care Leave, and

Alternative Work Arrangements; and

WHEREAS, the Committee formulated the attached 1999 Model Employer Policies for Parenting Lawyers as practical, progressive and fair guidelines for law firms and other employers of lawyers who are committed to:

(a) ensuring their own compliance with federal law (particularly in

the area of disability leave as a result of pregnancy, childbirth and

related medical conditions and the Family Medical Leave Act);

(b) removing unfair barriers to the advancement of women lawyers;

and

better balance in the handling of their family, personal and professional

responsibilities;

NOW, THEREFORE, it is RESOLVED THAT the Board of Governors:

(1) Endorses the attached 1999 Model Employer Policies for

Parenting Lawyers as guidelines for legal employers;

(2) Authorizes the Chancellor and the Committee on Women in the

Profession to publicize and distribute the 1999 Model Employers Policies

for Parenting Lawyers and to work to promote their adoption;

(3) Encourages law firms and other employers of lawyers to review

their own practices and adopt policies for parenting lawyers such as

those set forth in the 1999 Model Employer Policies for Parenting

Lawyers.

ADOPTED

Philadelphia Bar Association

Board of Governors

Date:

PH2\373509.1

PHILADELPHIA BAR ASSOCIATION 1999 MODEL EMPLOYER POLICIES
FOR PARENTING LAWYERS
PREAMBLE

In 1989, the Philadelphia Bar Association developed the Model Employer Policies of Family Responsibility to provide guidance to law firms and legal departments in their efforts to assist lawyers in achieving a rewarding balance of commitment to the profession and commitment to their families. The aspirations of the original Model Policies remain the same today.

In the ten yews since the Model Policies were first introduced, parenting lawyers in the City of Philadelphia have entered into alternative work arrangements with their employers with increasing frequency. It is now clear that there is no single "ideal" model for such arrangements. Rather, the circumstances of each lawyer and employer are unique, and the lawyer and employer must work together to create a satisfactory alternative arrangement. This is especially true of any successful alternative work arrangement in a smaller firm, in which the lawyers may find themselves particularly interdependent.

Thus, any successful arrangement must accommodate not only the parenting needs of the lawyer, but also the responsibilities of the lawyers affected by the arrangement. Of course, the needs of the clients serviced by the lawyer, as well as the economic and practical realities of the practice of law, must be taken into consideration. Simply put, no alternative work arrangement will succeed unless it retains flexibility and is implemented in a way that eases the burdens of all concerned, and assures that all professional obligations are handled satisfactorily.

Even with these challenges, in 1999 parenting lawyers are thriving throughout Philadelphia under a variety of creative alternative work arrangements. Such arrangements vary from reduced schedules to telecommuting, flextime and even job-sharing.

These 1999 revised Model Policies are intended to provide a framework for the development of individualized firm policies. The Model Policies reflect the experiences of Philadelphia lawyers over the past ten years and are intended to encourage both parenting lawyers and their employers to continue to work together to build creative solutions to meet the professional and family commitments of the parenting lawyer. Without a doubt, we as a profession and a community will all benefit from this effort.

311040-1

MODEL POLICY I
DISABILITY AS A RESULT OF PREGNANCY, CHILDBIRTH

AND RELATED MEDICAL CONDITIONS

A.Eligibility for Disability Benefits

An attorney disabled due to pregnancy, childbirth and/or any complications arising from those conditions is treated in the same manner as attorneys who are disabled for any other medical reason and is eligible to receive disability benefits according to the terms of the disability income benefits program of the firm.

[Alternative A (For Firms with Limited or No Disability Benefits): Eligibility for Disability Leave. An attorney disabled due to pregnancy, childbirth and/or any complications arising from those conditions is entitled to a paid leave during the period of the disability.]

B.Commencement Date and Presumptive Time Period

Given the demands of the job and the high expectations for performance placed on all attorneys, the firm presumes disability for a period of twelve weeks following the birth of a child, and grants paid disability leave for this period, without the need for independent medical verification of disability.

In addition, a pregnant attorney may elect to leave work up to two weeks prior to the anticipated date of birth without medical certification of disability. These two weeks are in addition to the regular disability leave outlined above.

In either instance, the attorney must notify the firm's benefits coordinator of the date of commencement of her disability leave and the date of the birth of her child, so that adequate records can be maintained.

C.Disability Before or After the Presumptive Time Period

Regardless of when the attorney elects to commence her presumptive disability period, disability leave in excess of the allotted number of weeks is granted only in the event that the employee provides the firm's benefits coordinator with the appropriate medical certification as required for other disabilities covered under the disability policy.

D.Effect on Partnership or Salary Increase

The use of disability leave as a result of pregnancy, childbirth and related medical conditions shall not be a factor in or affect a partnership (or other promotional decision) or salary increase determination. Pregnancy, childbirth and related medical conditions are an integral part of human existence; they are not to be considered as voluntary and optional undertakings by the affected lawyers.

The use of disability leave as a result of pregnancy, childbirth and related medical conditions may affect the timing 'of the partnership (or other promotional decision) or salary

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increase determination only to the extent that other medical disabilities affect the timing of the partnership or salary increase determination. For example, if the use of medical leave to recover from gall bladder surgery would not affect the timing of the determination, neither can the use of medical leave for pregnancy or childbirth.

E.Leave Options

At the attorney's option, the attorney may also apply for a leave of absence under the firm's childcare leave policy as set forth in Policy 2 below.

COMMENTS

1. Definition and Eligibility (Section A)

This policy was originally developed to comply with the requirements of Title VII of the Civil Rights Acts of 1964. It is applicable to the medical conditions experienced as a result of being pregnant, of bearing a child, and of recovering from childbirth. This type of leave is sometimes referred to as maternity leave, but it should not be confused with leave to parents (male and female) for the purpose of caring for an infant or child after its birth. Those leaves are covered under Model Policy 2: Childcare Leave.

The Pregnancy Discrimination Act of 1978 requires employers who are covered by Title VII to treat women affected by pregnancy, childbirth and related medical conditions the same as non-pregnant persons who are "similar in their ability or inability to work" "for all employment related purposes, including receipt of benefits under fringe benefit programs."

This policy therefore simply restates the effect of that law. Thus, if the law firm has a disability benefit program which permits paid or unpaid leaves to persons with non-pregnancy disabilities, it must offer the same paid or unpaid leaves to women affected by pregnancy, childbirth or related medical conditions.

2.[Alternative Section A]: Firms and Organizations without Disability Benefits or with Limited Disability Benefits

If a firm does not have a general disability benefits program as assumed in section A, such a firm may nevertheless wish to consider offering a paid or unpaid leave for pregnancy, childbirth or related medical conditions, to the extent this is economically feasible. Alternative A has been drafted to serve that purpose.

The Supreme Court has held in California Federal Savings and Loan Association v. Guerr 479 U.S. 272, 107 S.Ct. 683, 93 LEd.2d 613 (1987) that the Pregnancy Discrimination Act was intended by Congress to be "a floor beneath which pregnancy disability benefits may not drop -- not a ceiling above which they may not rise." 107 S.Ct. at 692 (approving the language of the Court of Appeals at 758 F.2d 390, 396 (9th Cir. 1985)). In that case a California statute which required employers to provide leave and reinstatement to employees disabled by pregnancy, but not by other conditions, was found not to be a violation of Title VII because of its provisions favoring pregnant works above other disabled workers.

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3.Commencement Date and Presumptive Period (Section B)

Because the period of disability for a normal, uncomplicated pregnancy and delivery can be generally approximated, many firms prefer to establish a presumptive period of disability for which the disabled attorney need furnish no medical verification. Such a presumptive period eases the administrative burden on both the firm and the affected attorney.

This policy uses the presumptive period of 12 weeks for all childbirth under the assumption that the work of an attorney may be so demanding in terms of time, commitment, stamina and potential stress that optimal physical fitness is necessary for performance of the job. Some firms may opt for a shorter presumptive period.

The firm may wish to require the attorney to prepare, when practicable, a "departure memorandum," which outlines the attorney's ongoing responsibilities and a plan for meeting those responsibilities during the attorney's leave.

4.Resignation or Termination

This policy does not include any provision regarding the effect of the employee's resignation or termination of employment upon the use of disability leave. Resignation or termination of employment at the end of the disability period in no way affects the use of the disability benefits since the employee has earned the right to those benefits by her work preceding the disability period.

Some organizations specify that the right to take childbirth disability leave is contingent upon the attorney advising the firm in advance that she intends to return to work on some basis at the end of the leave period. Such a provision is not permitted, however, unless such a requirement is also imposed on the use of other types of medical disability leave.

5.Reinstatement

This policy has no provision about reinstatement upon completion of the leave. The lawyer, however, must be reinstated when the leave is completed. Some organizations, especially those with highly structured departments, may prefer to include a provision indicating whether the attorney, upon return to work, will be placed in the same or an equivalent position.

6.Application to Attorneys With Alternative Work Schedules

Attorneys working on a reduced or flextime schedule or using a telecommuting arrangement who are affected by pregnancy, childbirth and related medical conditions receive the same disability benefits that such attorneys with non-pregnancy disabilities receive under the general disability policy.

Where attorneys with reduced work schedules are not covered by a disability leave program, the firm or organization may nevertheless opt to. institute such a leave for personnel affected by pregnancy, childbirth or related medical conditions.

311040-13

3.Commencement Date and Presumptive Period (Section B)

This policy uses the presumptive period of 12 weeks for all childbirth under the

assumption that the work of an attorney may be - so demanding in terms of time, commitment,

stamina and potential stress that optimal physical fitness is necessary for performance of the job.

Some firms may opt for a shorter presumptive period.

4.Resignation or Termination

5.Reinstatement

6.Application to Attorneys With Alternative Work Schedules

Where attorneys with reduced work schedules are not covered by a disability leave program, the firm or organization may nevertheless opt to institute such a leave for personnel affected by pregnancy, childbirth or related medical conditions.

311040-1

MODEL POLICY 2
CHILDCARE LEAVE

A.Paid Childcare Leave

I . Eligibility : Childcare leave is provided to allow attorneys, male and female, to care for children newly arrived in their families. Every attorney is entitled to a two-week paid leave for the following childcare purposes:

(a)the birth of a child of the attorney;

(b)the adoption of a child by the attorney;

(c)the placement of a child for foster care in the family of the attorney.

2. Special Provision for Adoptive Parents: In addition to the leave in subparagraph A. I above, an attorney who has adopted a child is entitled to six weeks of paid leave immediately prior to or following the adoption.

3. Application: The two-week paid childcare leave is not in addition to the disability leave as a result of pregnancy, childbirth and related medical conditions during the first year following the arrival of the same child.

B.Extended Unpaid Childcare Leave

Eligibility : In addition to any paid leave (including paid childcare leave and disability leave as a result of pregnancy, childbirth and related medical conditions described above), every attorney may request an unpaid leave of absence for a period of up to nine months for the following child care purposes:

(a) the birth of a child of the attorney;

(b) the adoption of a child by the attorney;

2. Criteria for Granting Request: This leave is available to attorneys who are in good standing with the firm regardless of the attorney's seniority, upon request to the appropriate department chair or firm decision maker. Approval will be given unless the leave would unduly disadvantage the firm as a whole, or the work of the department or practice group directly affected.

3. Reduced Work Schedule: An attorney may work on a reduced work schedule during the period when he or she otherwise could be totally absent from work pursuant to this Child Care Leave Policy, provided that the attorney's department has work for the attorney on this basis. The nature of the arrangement, including the attorney's schedule of hours, workload, compensation, and benefits, will be determined by [insert appropriate person] together with the

3 11 D40- LDOC

attorney. Approval will be given unless the reduced schedule would unduly disadvantage the work of the firm as a whole or the department or practice group directly affected.

C.Effect on Benefits

1.Paid Childcare Leave: During the paid child care leave, the attorney will receive the same benefits she or he would have received had that attorney been working full-time.

2. Extended Unpaid Childcare Leave: The firm or organization shall maintain health insurance benefits during the unpaid extended family care leave, regardless of the attorney's level of seniority. Other benefits will be maintained during the unpaid extended family care leave at the discretion of and in the circumstances determined by the firm. All benefits shall be restored after the leave has ended.

D.Effect on Partnership or Salary Increases

1. Paid Childcare Leave: The use of paid childcare leave shall affect neither a partnership determination nor its timing, nor shall paid childcare leave affect any salary increase an attorney might receive.

2. Extended Unpaid Childcare Leave: Use of extended unpaid childcare leave shall not be a factor in any partnership or salary increase decision. Use of extended leave may affect the timing of the determination if

(a)any other unpaid leave affects the timing of the partnership or salary increase determination; and,

(b) the extended leave is used i) for more than a period of one year during the time preceding the partnership or salary increase decision; or ii) for a substantial amount of time during the last year before the decision is made.

COMMENTS

1. The Family Medical Leave Act

The Family Medical Leave Act, 28 U.S.C.S. § 2601 et seq. (the "FMLA") entitles covered employees to 12 work weeks of leave (either unpaid or paid) during any 12 month period (1) because of the birth of a child of the employee and in order to care for the child and (2) because of the adoption or foster care placement of a child. Under the FMLA, the leave may be unpaid. The FMLA applies to employers who employ 50 or more employees.

The protections of the FMLA will be referenced where applicable. However, it sets forth a "bottom level" of safeguards that is, or should be, exceeded by law firms.

2. Eligibility

Childcare leaves are available to all men and women attorneys. They are available not only to biological parents, but also to adoptive parents and to attorneys who are providing foster

311040-I.DOC2

care to a child. The model policy provides a presumption that the request will be granted, but also allows for consideration of the working needs of the law firm in granting the request.

The FMLA requirements apply only to an employee with one year and 1250 hours of service. Such a limitation is not recommended in the model policy. Some firms may nonetheless opt to use a minimum employment period before an attorney becomes eligible for childcare leave. Those firms may want to leave it flexible. For example, one organization with a leave of absence policy provides that "normally" employees with less than one year of service are not eligible for extended leaves. Such phrasing of the policy allows the firm to extend the leave to employees with less than one year of service in appropriate circumstances.

3. Paid Childcare Leave

The policy provides for two weeks of paid leave. Some firms may opt to provide paid leave for longer periods of time, particularly since it is not in addition to childbirth disability leave.

Recognizing that adoption of a child can be an expensive and time-consuming process, that adoptive parents have physical and emotional stresses and bonding needs just as biological parents do, and that paid disability benefits typically will not be available, the policy provides an additional six weeks of paid leave to adoptive parents.

4. Extended Unpaid Childcare Leave

The extended unpaid childcare leave provides for a leave of absence of up to nine months for child care purposes. The most common use of this extension probably will be for the care of a newborn infant.

5. Effect on Benefits

It is crucial to the welfare of families that health insurance benefits be in effect at all times. This policy provides for their continuation during all childcare leaves. Some firms may find it necessary to require employee payment of the required premiums if the extended leave is for a long period of time. If this is necessary the firm should take all reasonable measures to insure that no lapse of coverage occurs.

The FMLA requires the employer to maintain eligibility for coverage under any "group health plan" during the employee's FMLA leave. The taking of leave shall not result in the loss of any employment benefit accrued prior to the leave. 29 U.S.C.S. § 2614(a)(2) and (c)(1).

6. Notice

Some firms may choose to add a requirement that employees give advance notice of a leave. The FMLA requires that at least 30 days' notice shall be given for leave which is foreseeable based on an expected birth or placement or "such notice as is practicable." 29 U.S.C.S. § 2612(e).

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7. Return to Work and Reinstatement

The policy contains no provision regarding the circumstances of the return to work of the attorney. It assumes reinstatement to former position upon return to work. The FMLA requires that employees returning from FMLA leave be restored to their position, or its equivalent, upon return from leave. 29 U.S.C.S. § 2614(a). Such "restoration" may be denied under certain economic circumstances, and as to employees who are among the highest-paid 10 percent of employees. 29 U.S.C.S. § 2614(b).

Some firms may opt to make the right to take leave contingent upon the attorney's advising the firm in advance that she or he intends to return to work on a full or reduced basis upon the completion of the leave. If so, the firm should include that requirement in its written policy and the requirement should be discussed with the attorney before the leave is begun.

Some organizations, especially those with highly structured departments, may also prefer to include a provision stating whether the attorney, upon return to work, will be placed in the same or an equivalent position. In no circumstances, however, may the use of the leave be the basis for demotion or other retaliatory work action.

8. Application to Attorneys with Alternative Work Arrangements

A firm may opt to include a provision indicating the circumstances in which child care leave applies to attorneys with pre-existing alternative work arrangements. The FMLA does not provide for a "reduced leave schedule" for family leave unless the employee and the employer so agree. 28 U.S.C.S. § 2612(b).

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MODEL POLICY 3
FAMILY CARE LEAVE

A.Definition

Every attorney may request an unpaid leave of absence for a period of up to twelve weeks to care for the attorney's own health, or to care for the attorney's child, spouse, domestic partner, parent or member of the household who is ill or experiencing a serious health condition. The leave period need not be continuous, but may be taken in shorter occasional segments as needed.

B.Criteria for Granting Request

This leave will be granted to attorneys who are in good standing "with the firm upon request to the appropriate department chair or firm decision-maker.

C.Effect on Benefits

The attorney will receive the same benefits she or he would have received if working full-time.

D.Discretionary Extension

1 . Time: The length of the unpaid family care leave may be extended beyond twelve

weeks at the discretion of the managing committee [or other appropriate decision-maker] of the firm.

2. Reason: Unpaid family care leave may also be granted for other difficult family situations needing the attention of the attorney at the discretion of the managing committee [or other appropriate decision-maker] of the firm.

E.Effect on Partnership or Promotion

The use of one twelve-week family care leave shall have no effect on the partnership or other promotional determination or its timing.

COMMENTS

1. Eligibility

Unpaid family care leaves are available to all men and women attorneys, This provision recognizes that newborn infant care is not the only family responsibility that attorneys have. An older child may be ill or handicapped. A seriously ill parent or spouse may require the care of the attorney, as may other family emergencies and difficulties. The attorney may have a serious health problem that requires an extended leave. Attorneys need the flexibility to be able to handle these family problems.

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The Family Medical Leave Act, 29 U.S.C.S. § 2601 et seq. (the "FMLA") requires employers with more than 50 employees to grant 12 weeks of leave in any 12-month period to an employee (1) to care for a spouse, son, daughter or parent with a serious health condition, or (2) because of a serious health condition of the employee.

The FMLA requirements apply only to an employee with one year and 1250 hours of service. Such a limitation is not recommended in the model policy. Firms that do opt to use a minimum employment period may want to leave it flexible. For example, one organization with a leave of absence policy provides that "normally" employees with less than one year of service are not eligible for family care leaves. Such phrasing of the policy allows the firm to extend the leave to employees with less than one year of service in appropriate circumstances.

2. Effect on Benefits

It is crucial to the welfare of families that health insurance benefits be in effect at all times. This policy provides that all benefits continue in effect during a twelve-week (or less) leave. If the firm in its discretion allows a longer leave, health insurance benefits should remain in effect at all times. Some firms may find it necessary to require employee payment of the required premiums if the extended leave is for a long period of time. If this is necessary the firm should take all reasonable measures to insure that no lapse of coverage occurs.

3. Notice

Some firms may choose to add a requirement that employees give advance notice of a leave. The FMLA requires that at least 30 days' notice shall be give for leave which is foreseeable based on an expected birth or placement or "such notice as is -practicable." 29 U.S.C.S. § 2612(e).

5. Return to Work and Reinstatement

Some firms may opt to make the right to take leave contingent upon the attorney's advising the firm in advance that she or he intends to return to work on a full or part-time basis

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upon the completion of the leave. If so, the firm should include that requirement in its written policy and the requirement should be discussed with the attorney before the leave is begun.

6. Application to Attorneys with Alternative Work Arrangements

A firm may opt to include a provision indicating the circumstances in which family care leave applies to attorneys with pre-existing alternative work arrangements. The FMLA does not provide for a "reduced leave schedule" for family leave unless the employee and the employer so agree. 28 U.S.C.S. § 2612(b).

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MODEL POLICY 4

ALTERNATIVE WORK ARRANGEMENTS

I.REDUCED WORK SCHEDULES

A. Definition

An attorney who is in good standing with the firm [organization) is entitled to be considered for a reduced work schedule. A reduced work schedule is defined as an arrangement in which the attorney receives reduced compensation in return for reduced work hours.

B. Requests for Reduced Work

An attorney desiring a reduced work schedule should submit a proposal to the appropriate department chair or supervisor as far in advance of the proposed commencement of the arrangement as possible. The firm [organization] shall respond to the request as soon as possible. Approval will be given if the proposal is practical and can be accommodated by the law firm as a whole and the practice group or groups which will be directly affected.

If the firm [organization] promulgates guidelines governing reduced work schedules, those guidelines will be made public to all attorneys within the firm [organization].

C. Effect Upon Content and Quantity of Work Assignments

The firm will expect that an attorney with a reduced work schedule, like all attorneys, will provide quality and timely service to clients. The firm, in turn, will respect and support the decision to work a reduced schedule and make every effort possible to ensure that the quantity of work given the attorney-is consistent with the arrangement. In addition, the firm will make reasonable efforts, within the constraints of the attorney's schedule, to provide the type of work assignments, experiences and opportunities that are valuable or necessary to achieve partnership or promotion.

D. Effect on Compensation and Benefits

1. Compensation: Compensation for attorneys with reduced work schedules shall be adjusted according to the anticipated hours to be worked by the attorney as compared to the expectation of hours worked by others with full schedules.

Aside from that adjustment, the standards used to determine compensation for attorneys with reduced work schedules shall be the same as those used to determined compensation for attorneys with full schedules. An attorney working on a reduced schedule is eligible for salary increases and bonuses in the same manner as those working a full schedule.

2. Benefits: Full health insurance benefits will be made available, to the extent feasible, to all attorneys, regardless of their schedules. Attorneys with reduced work schedules shall be entitled to the same amount of paid vacation as other attorneys, but that vacation shall be paid at the attorney's reduced salary. Attorneys with reduced work schedules

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shall, to the extent feasible, be entitled to all other benefits (such as retirement benefits) on an adjusted basis.

E. Effect on Partnership or Promotion

Employment on a reduced schedule in and of itself shall not preclude or otherwise affect employment advancement such as eligibility for partnership or promotion. The firm may consider the amount, duration and quality of work experience of an attorney with a reduced schedule in the same way that it would consider the amount, duration and quality of work experience of an attorney with a full schedule in making the partnership or promotion decision.

F. Review

The approval of the reduced schedule work plan can be reviewed by the appropriate firm decision-maker at any time, but in any event will be reviewed annually. The attorney with the reduced schedule will participate in the review. The review will ascertain the effectiveness of the plan for the attorney's and the firm's purposes and will determine whether an appropriate percentage of the workload has been chosen.

II.JOB-SHARING

In practice settings where it is feasible, the firm encourages the sharing of one position between two attorneys. The firm welcomes proposals from attorneys in regard to the sharing of offices, secretaries, salary, workl6ad, benefits and any other applicable arrangements. Such proposals will be seriously considered and accepted where appropriate.

III.FULL-TIME OPTIONS

A. Flextime

"Flextime" is a rearrangement in, but not a reduction of, office hours. It includes "compressed time," in which an attorney handles a fall workload in fewer, longer workdays. It also includes arrangements whereby an attorney works, for example, from 7:00 a.m. to 4:00 p.m. instead of from 9:00 a.m. to 6:00 p.m.

B. Telecommuting

"Telecommuting" refers to the location where work is performed, rather than the amount of work produced. For example, an attorney who works from home two days per week has a telecommuting arrangement.

C. Compensation and Benefits

An attorney using a flextime or telecommuting arrangement is responsible for a full workload and is entitled to full compensation and benefits. If a flextime or telecommuting arrangement is combined with a reduced work schedule, see I.D. above.

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D. Requests for Flextime or Telecommuting

The firm recognizes that attorneys may need to work unusual hours on occasion. The firm also recognizes that many attorneys work at home on occasion. Finn approval generally is not necessary for these circumstances.

An attorney desiring to work on an unusual schedule on a long-term basis, however, or an attorney desiring to work outside the office on a regular basis during one or more weekdays, should submit a proposal for the schedule to the appropriate department chair or supervisor. Approval will be given if the proposal is practical and can be accommodated by the practice group or groups that will be directly affected.

COMMENTS

I . Reason for Policy

It is critically important that the legal profession support and encourage active participation by lawyer parents -- male and female alike -- in nurturing and childcare. Accordingly, employers should grant requests for alternative work arrangements for purposes of child care whenever possible. Such accommodation of the needs of working parents is plainly in the best interests of the profession because it will enable employers to attract and retain talented lawyers.

In addition to childcare, there are a variety of personal circumstances -- such as an ill spouse or the need to provide elder care -which may make an alternative work arrangement desirable to an attorney. Therefore, the policy does not set forth any requirement that the reduced work schedule be for childcare purposes. Some employers may want to add a sentence providing that a reduced schedule is not available (without express permission) to attorneys who wish to engage in outside employment.

2. Structure of Alternative Work Arrangements

This policy states that an attorney desiring an alternative work schedule should submit a proposal, but it does not state how many hours the attorney should work or how the proposal should be structured. Different practice settings have different needs and different parents have different childcare needs. Numerous creative and flexible work schedules can be developed to meet these varied requirements. Attorneys and firms should feel free to create the most advantageous arrangement possible.

3. Length of Service

Some firms may opt to use a minimum employment period before an attorney becomes eligible for childcare leave. Those firms may want to leave it flexible. For example, the policy might provide that "normally" employees with less than one year of service are not eligible for alternative work arrangements. Such phrasing of the policy allows the firm to permit such arrangements for employees with less than one year of service in appropriate circumstances.

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Another alternative is to permit lateral hires with at least one (or two) year(s) of legal experience elsewhere to work on a reduced schedule immediately upon joining the firm.

4. Effect on Compensation and Benefits

Compensation should be offered on an appropriate adjusted basis. The policy as drafted does not set forth a formula for calculating compensation. Some firms may choose to offer an adjusted salary. For example, if an attorney works 80% of the hours that a similarly situated full-time attorney works, the attorney on the reduced schedule would receive 80% of the compensation that the full-time attorney would make. Other firms calculate compensation based on a hourly rate. All formulas must compensate the attorney for the same necessary -- but potentially unbillable - time, such as that spent on administrative matters and1continuing legal education.

It is strongly recommended that full medical benefits be offered to attorneys on reduced work schedules, whose need for insurance is no different from that of other attorneys. In the alternative, benefits can be offered on an appropriate adjusted basis. If, for example, in the case of health insurance, the employer pays for 100% of the cost of such insurance for full-time associate attorneys, then the employer should at minimum pay for 80% of the cost of the insurance for any attorney working 80% of full-time. The attorney would be responsible for the remainder of the cost. If the employer's health insurance carrier will not cover workers on a reduced schedule, the cost to the employee of obtaining private insurance should be partially reimbursed by the employer.

It is also strongly recommended that attorneys with reduced work schedules be permitted the same amount of paid vacation as full-time attorneys, but at their reduced salary.

5. Effect on Status with the Finn and on Future Advancement

Once the decision to allow a reduced work schedule is made, the employer should support and respect the arrangement. Moreover, every effort must be made to avoid making the attorney a "second class citizen" within the firm. To the extent possible, work assignments should be similar in quality and opportunity to those given to full-time lawyers. The attorney who works on a reduced schedule in turn will be expected to produce work of the same quality as attorneys who work full-time. The objective criteria for promotion or partnership should remain the same for all attorneys, regardless of whether or not they have worked on a reduced schedule.

There may be some instances in which long-term employment on a reduced schedule results in a longer period of time in which to accumulate the experience level necessary for partnership or promotion. In those cases, partnership or promotion may be delayed to allow the proper experience level to be achieved. If the firm chooses to develop specific formulas delineating the impact of reduced schedules on the timing of advancement decisions, it is strongly recommended that such guidelines be disclosed to all attorneys. For example, a firm might state that work on a reduced schedule for a cumulative period of two years or less will have no impact upon the timing of partnership, while a reduced schedule for more than two years will delay partnership for one year.

6. Partners with Reduced Work Schedules

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Although the policy does not specifically mention partners with reduced work schedules, similar accommodations should be considered for both associates and partners.

7. Job-Sharing

Job-sharing means the sharing of one position between two attorneys. The attorneys might share an office, a secretary, a workload, a salary and some benefits. (Both attorneys would have to have health insurance, but arrangements may be possible where the firm's contribution to that insurance would not increase.)

For employers reluctant to support a reduced work schedule because of a fear that a part-time worker requires a full-time overhead expense, the institution of job-sharing, where feasible, would alleviate that concern.

8. Telecommuting

Some employers may want to limit the amount of time that an attorney may work outside the office, stating, for example, that an attorney must be in the office for at least three days per week. Some employers may want to require that an employee arrange for childcare during the hours that he or she intends to work at home.

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CONSIDERATIONS FOR POLICIES

CONCERNING ALTERNATIVE

WORK SCHEDULES

Alternative work schedules (AWS) may include almost any arrangement for a reduced work schedule or reduction in office time. Examples are part days, part weeks, job sharing, telecommuting, as well as other flexible time arrangements. In the past law firms have actually had AWS in a variety of situations where lawyers, valuable to the practice, elected to pursue other interests. In some cases the other interests were of potential benefit to the firm, such as political, bar or community activities or teaching. Almost without exception these arrangements were made on an ad hoc basis, between the parties involved, and without general consultation. With the changing makeup of law firms it is important to have policies in place so that people know what they can expect.

When establishing a policy or guideline concerning AWS certain issues should be considered and decided, while others may be left to be determined by the specific situation and experience gained.

A. The policy should include a statement of the organization's objectives and make clear the need for flexibility on both parts. If appropriate, the policy should state whether a proportionate share of pro bono representation win be required, or firm administrative duties, or other non-billable activity.

Since the purpose of the policy is to retain qualified attorneys, the reason for the request is probably not relevant and may include more than child care or other family responsibilities; provided that the outside activity will not adversely affect the firm or its clients.

C. The policy should state whether a specific period of full time work will be a prerequisite to an AWS. A set period of prior full time work may not be practicable.

D. The firm should consider whether there should be different policies for partners and associates or different categories of associates. It would seem that separate policies are needed for partners and shareholders since the AWS may be a transition to retirement or covered by the partnership agreement.

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E. The policy should set forth the basis on which compensation will be made and whether any other considerations will affect it such as client development bar or community activities.

G. The policy should set forth the benefits to be included. Someone familiar with benefits law must review the benefits given to full time lawyers, such as medical insurance, disability insurance, retirement plan, vacations, bonuses, bar membership, CLE tuition, seminars. Some full benefits may be required by federal or state law or necessary to maintain professional status while others may be reduced proportionally. In some cases the attorney on an AWS may elect to forgo a benefit entirely (spouse has coverage) in exchange for full benefits in another area.

H. The policy should consider the effect on partnership or shareholder prospects.

I. The policy should state that an attorney on an AWS will be entitled to the same professional review as other attorneys, and that the review win include an assessment of how the AWS is progressing and whether any adjustments are in order.

In conclusion, AWS have a definite impact on balance and quality of life for attorneys. Law firms should be encouraged to consider AWS in order to ensure participation in the legal profession does not adversely affect one's family responsibilities.

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