Paid Family Leave in American Law Schools: Findings and Open Questions

Abstract

There exists a substantial literature on the status of women in legal education, including studies on women students' experiences in law schools and gender bias on law school faculties. However, no recent study examines the family leave policies and practices in American law schools. This pilot study of thirty-three law schools represents an initial step toward filling that gap. Its findings are threefold. First, almost three-quarters of the law schools surveyed provide some form of wage replacement during a family leave that is more generous than required by federal law. Second, among the law schools surveyed, there is a positive relationship between teaching at top-tier and private law schools and receiving a paid family leave. Third, although many of the surveyed law schools provide paid family leave, most leaves were granted on a case-by-case basis. This study stands to benefit a number of constituencies within the legal academy, including individual faculty members, faculties developing leave policies, appointments committees, and job candidates. While preliminary in nature, it raises a number of open empirical and theoretical questions for future research.

Keywords: FMLA, Family and Medical Leave Act, employment discrimination, legal education, family leave, pregnancy leave, pregnancy discrimination, PDA, Pregnancy Discrimination Act, Title VII, parental leave, law schools, women, work, benefits, law and society, new institutionalism, neoinstitutionalism

JEL Classification: J16, J18, J21, J24, J32, J38, J44, J71, J78, L84