The decision to have a baby comes with a million considerations. For lawyers, these may include:
- What is my firm’s parental leave policy?
- How long will I be able to be off? Will this work financially?
- How can I transition back to my busy practice, but still be a hands-on parent?
Some stress is understandable, but early planning can be helpful for each of the periods: before you go, while you are on leave, and your return to work.
Considerations before going on parental leave:
Plan the duration of your leave and whether it will be shared with a co-parent. Find out your firm’s parental leave policy, as well as your partner’s (if applicable). This will help you decide whether to apply for standard benefits (~1 year, between maternity and parental) or extended benefits (~18 months), how these weeks will be split between you and your partner, and how many will overlap. Factors might include financial considerations, childcare availability, important work events, or travel plans.
You cannot apply for EI benefits until you have stopped working, but when you do, you are required to make the 12 or 18-month election and to indicate whether the benefits will be shared. In the case of both standard and extended benefits, additional weeks are available if benefits are shared between two parents. (See: EI maternity and parental benefits for more information.) Once you have figured out the timing of your leave, you will be in a position to inform your colleagues and clients.
Internally, arrange coverage for your files and for new inquiries. Determine who will be taking carriage of your files while you are away. Prepare detailed transfer memos (these may include an overview, important dates, location of important documents, legal analyses completed, and next steps). And sit down with the covering lawyers to familiarize them with any files that require extra attention or explanation.
Externally, inform clients of your upcoming leave and introduce them to the lawyer who will be carrying their matter. Advise opposing counsel and other parties of the change, and set an out-of-office directing any new inquiries to the appropriate people.
Considerations for while you are on leave:
Think about how available you want to be to your firm or clients. Some firms may have preferences in this regard. Considerations include whether there are complex or specialized files for which you may want to be available to the covering lawyer when issues arise, or checking in at each step as the file moves forward, and whether you will return for major events, such as a trial date you have been working toward.
If you will not be practicing whatsoever, you can update your fee category with the LSO to not working, reducing your professional fees to 25%.
Even if you are not staying involved on files, it is a good idea to keep in touch with colleagues. This can help you feel connected and excited to rejoin the team when the time comes. And, as that time approaches, you can check in on your files and discuss which ones you will be taking back on your return.
Use your time away to step back and reflect on your practice. Parental leave is a rare opportunity to gain distance from your day-to-day work life. Consider whether you want your practice to look like it did before you left, whether this is realistic, how you want it to develop in the future, and what steps you might take to get there.
Diarize important dates. Once you’ve stepped away from work, it can be hard to keep track of the day of the week, let alone deadlines. Make note of important dates (like due dates for LSO Annual Reports or Fees).
Continuing Professional Development requirements are reduced based on the time your LSO status is “not working”. Remaining CPD hours can be an opportunity to keep your finger on the pulse of your practice area. For example, look for update programs like “Top 6 in 60: The 6 Recent Cases from the SCC You Must Know”, “Estate Law Roundup: 10 Key Issues to Address in 2025”, or “Civil Rules Review – All the Changes You Need to Know”. These can help you feel up-to-date when you return to work.
Considerations for returning to work:
On the practical side, update your fee category with the LSO as of your return-to-work date. Determine what your in-office schedule will look like, and how childcare is going to work. Discuss in advance:
- Who will be doing daycare drop-off and pick-ups (if applicable);
- What the plan will be when your child is home sick;
- Whether there are family members who will be pitching in; and
- Whether it is time to hire help for certain hours or occasional work.
On the professional side, give yourself time to get up to speed. Raising a baby is a ton of mental work (managing wake windows, sleep regressions, allergen introductions… need I say more?) But it can take time to get into “work mode” again. It can also take time for your practice to ramp back up, which is not necessarily a bad thing. This period can provide a chance for both you and your baby to adjust.
Once you come out the other side, you might well find yourself to be a better lawyer! The perspective you gain as a parent can make you more confident, level-headed, and able to handle challenges.
On the personal side, expect some hard feelings. No matter how excited you are to get back to work, it can be an emotional time. It’s normal to feel guilty, to miss your baby, and the one-of-a-kind, up-and-down, ever-changing Groundhog Day that is parental leave. If you are weaning, this can also have a big (but temporary) impact on your mood. Talk to your colleagues. Anyone who has been through it will understand, and may have some helpful perspectives to share.
If you’re returning to work in the office, finding time for all the things you squeezed in during naps and around baby care can feel impossible. For me, what has helped is allowing myself to prioritize and to let some things go for now.
My priority is focusing my full attention on work when I’m at the office, while making sure my kids still have enough of my time and attention during their day. This has involved gradual transitions into full-day daycare, leaving the office earlier than I would in the past, and catching up on work after bedtime. A few minutes of meditation when I arrive at the office helps me reset from mommy-mode to lawyer-mode and focus on my day.
I am cutting myself slack when it comes to household tasks and weeknight dinners - leaning into frozen or easy meals, and takeout when I need to - to get food on the table and save my quality time for play, stories, and bedtime snuggles. And I am trying to let go: I have (just about) accepted that the house is going to be messy. I will not be on top of the laundry. And that is fine. This is temporary. We will figure it out; it just takes time.
Good luck new parents! You are in for the best adventure.
