Pregnancy during clerkship mistake? Forum

[rsf2120]

Hi- I recently started a one year federal clerkship. My husband and I want to start trying for a second baby, and if we get pregnant quickly, the due date would be towards the end of the one year clerkship. I do not plan to go back to my old law firm, and instead want to start at a new law firm after my clerkship. We decided to start trying now because im 33, and we don’t want to push off a second baby too long (we would like 3 kids), and we think it makes more sense to have a baby at the end of the clerkship, than to have to wait another year to have a due date at the end of my first year at a new big-law firm. However, I would like some input from previous clerks on whether they agree this is the lesser of not great options? Thanks!

[Anonymous User]

I would advise against it. I just had an absolutely terrible experience with having a child mid-clerkship that almost led to me quitting. I stuck it out but my judge doesn't allow for much flexibility with child care needs so my partner is stuck carrying an extra heavy load.

[Anonymous User]

Don't do it unless you're fine accepting a substantial risk that it could ruin the clerking experience.

[Anonymous User]

How close to the end do you mean by toward the end? Do you anticipate taking leave, and how much? Do you have easy access to child care?

I guess I’m a little confused by why you wouldn’t just time it for between the clerkship and starting at a new law firm, unless your only access to insurance is through your job, of course.

This is going to depend a ton on the individual judge, the chambers workload, and how the pregnancy goes. The Feds do now have parental leave, but you need to be in the job for a year for it to kick in, so you’re at the mercy of your judge. I’ve heard of clerks who’ve made it work, but it’s tough to take someone out of the workflow in such a small setting. I wish it wasn’t an issue, but it is.

If due to insurance your options are *only* during the clerkship or waiting a full year at a new firm (I’m presuming that’s for maternity leave), then you have to do what works best for you and your family.

(Also, do all biglaw firms require a year before you’re eligible for parental leave? My impression was that some are more generous about this, but I could be wrong. I just wonder if it’s necessary to wait that long.)

[Anonymous User]

I think it would depend a lot on how busy your clerkship is, which we don't know. There are people who do it without major problems, though it's more common for men for obvious reasons. Getting biglaw maternity leave may be financially ideal, though, especially if you don't have to wait a year. Anecdotally I know someone who interviewed pregnant (discreetly) and took maternity leave almost immediately after starting at a big firm.

[Anonymous User]

Unless you have completed at least one year of federal employment by the time you give birth, you are not entitled to FMLA, much less paid parental leave. You should do what's best for your family, but it would be easier to wait until you are a little bit of the way into your time at the new law firm (presuming you're at a firm with--or in a state that provides for--good paid parental leave).