The Florida Bar Board of Governors recently voted in favor of the parental leave rule and will be filing a petition for the state court’s approval in July, said Francine Walker, the Bar’s information director.
If the Florida Supreme Court grants the petition, it will hear oral arguments in the matter in six months, she said.
Many lawyers see the parental leave rule as pivotal to balancing their career and family life, said Jennifer Shoaf Richardson, president of the Jacksonville Women Lawyers Association.
“I am thrilled by the Board of Governors’ unanimous support of the parental leave rule and the men who stood up to speak in favor it, including our own Michael Tanner,” she said, referring to the Jacksonville trial lawyer who is a member The Florida Bar Board of Governors.
“In doing so, it showed that The Bar intends to take action and does not mean to only pay lip service to gender bias in the legal profession.”
The parental leave rule was a key issue in the State of The Florida Bar 2017 presentation to the JWLA in April.
There, nine women raised their hands to show they had met resistance in getting a judge to grant a continuance so they could care for their newborn.
The JWLA sent a letter to the Board of Governors to show its support for the proposed rule.
The letter summarized the experience of a Jacksonville lawyer who had recently given birth and been denied a continuance in her court case.
As a result, the woman was forced to choose between telling her client to get a new lawyer, or traveling to a trial 200 miles away from her 7-week-old baby, whom she was breastfeeding.
“The Florida Association for Women Lawyers has had a seat at the table on the Board of Governors for years and I feel like the seeds we have sown are bearing fruit at this time,” Richardson said.
Richardson said she looks forward to following the rule’s progress in the Supreme Court of Florida closely.
The Board of Governors, which is authorized to formulate and adopt court policy matters, voted 5-4 in favor of the new Rule of Judicial Procedure on May 26.
Under the proposed rule, a judge shall grant the lead attorney in a case a three-month parental leave continuance if it’s made in reasonable time and there’s no substantial prejudice to the opposing party.
In denying a motion, the judge must provide grounds for denial. If the opposing party objects on the grounds of substantial prejudice, the attorney making the motion has the burden of demonstrating there’s no substantial prejudice to the opposing party.
One the Bar files the petition with the state Supreme Court, there will be a period of time for people and organizations to make comments, Walker said.
The state court can amend the rules, deny the amendment, or send it back to the Bar with suggestions.