Time off from law firm Forum

[Anonymous User]

I am about to start at a firm, where I'll work for a year, and then I'll be clerking for two years. I'd like to get a surgery done to correct a minor leg problem, but this would take about 3 months of down time. I'd really prefer to get this out of the way sooner rather than later, with my impression being that I couldn't request such a break from my judges while clerking. Nor can I do the surgery this summer because of the bar (can't fit in a 3 month period anywhere, and don't think I can find the money). I'm wondering what people think about requesting a 3 month period off before going to clerk. I.e., work at the firm for 9 months, take off 3 months for surgery, then go clerk for two years. Is this a really bad idea to ask about?

[rayiner]

I am about to start at a firm, where I'll work for a year, and then I'll be clerking for two years. I'd like to get a surgery done to correct a minor leg problem, but this would take about 3 months of down time. I'd really prefer to get this out of the way sooner rather than later, with my impression being that I couldn't request such a break from my judges while clerking. Nor can I do the surgery this summer because of the bar (can't fit in a 3 month period anywhere, and don't think I can find the money). I'm wondering what people think about requesting a 3 month period off before going to clerk. I.e., work at the firm for 9 months, take off 3 months for surgery, then go clerk for two years. Is this a really bad idea to ask about?

Can you just push back your start date? Otherwise, I don't think its a really bad idea to ask for a bigger gap before your clerkship. Shit happens.

[Anonymous User]

I probably could, but I think I need to work for a bit to have enough money to get the surgery, unfortunately.

[Anonymous User]

Why couldn't you, near the end of your time at the firm, "get injured" and "need urgent surgery" that will put you out for 3 months, then start for the judge like 10 weeks later than planned?

I'm sure you can find a doctor that will say you "need surgery now," right around the time when you have about 1 month to go until starting with the judge.

[Anonymous User]

Haha I could do that, though I would be a little worried/uncomfortable with lying, especially if they followed up on the details.

[rayiner]

Why couldn't you, near the end of your time at the firm, "get injured" and "need urgent surgery" that will put you out for 3 months, then start for the judge like 10 weeks later than planned?

I'm sure you can find a doctor that will say you "need surgery now," right around the time when you have about 1 month to go until starting with the judge.

Don't listen to this guy.

[Agent]

Why couldn't you, near the end of your time at the firm, "get injured" and "need urgent surgery" that will put you out for 3 months, then start for the judge like 10 weeks later than planned?

I'm sure you can find a doctor that will say you "need surgery now," right around the time when you have about 1 month to go until starting with the judge.

Don't listen to this guy.

+1

[AreJay711]

Yeah, don't listen to him lol. I wouldn't think there would be much fallout from asking some people at the firm -- It isn't like you want time off to dick around. Even if they say it can't happen, I doubt they will hold it against you. Another option would be to ask the firm to do it after the clerkship.

[emkay625]

Yeah - lying seems like a terrible idea. Don't do it.

Could you just be up front with the firm and see what they suggest? Tell them: I need this surgery but there will be a 3 month recovery time, but my financial situation is as follows, what would you prefer I do?

[desertlaw]

It's not lying if you can find a doctor that says "you need the surgery soon." Tell that to the firm and they'll understand more than what you originally described, which sounded somewhat like a cosmetic surgery for your leg.

[09042014]

Are you really going to be out of commission for 3 full months? So bad that you can't go to work in a wheel chair or something?

[Anonymous User]

No I could be in a wheelchair or crutches after about 2 months.

[09042014]

No I could be in a wheelchair or crutches after about 2 months.

So go to work in a wheelchair?

[BlueDiamond]

I just can't imagine what leg injury you'd have that takes that long to heal - unless youre having something amputated. People rupture their ACL, get surgery, and walk (with a limp) in like a week. What surgery is it?

[Anonymous User]

I interviewed with a federal district court judge who had a temporary clerk because one of his full time clerks was on maternity leave. So taking time off from the clerkship could be a viable option depending on what the surgery is.

[Stanford4Me]

Why couldn't you, near the end of your time at the firm, "get injured" and "need urgent surgery" that will put you out for 3 months, then start for the judge like 10 weeks later than planned?

I'm sure you can find a doctor that will say you "need surgery now," right around the time when you have about 1 month to go until starting with the judge.

Don't listen to this guy.

[Cupidity]

Why hasn't anyone suggested FMLA leave? This doesn't sound like a recreational surgery, and assuming it is necessary, you have a variety of protections from discharge which I'm sure either the law firm or the judge will be aware of. Do what you gotta do.

[Anonymous User]

No I could be in a wheelchair or crutches after about 2 months.

So go to work in a wheelchair?

This is a legitimate option that I haven't really thought much of.

[Cupidity]

No I could be in a wheelchair or crutches after about 2 months.

So go to work in a wheelchair?

This is a legitimate option that I haven't really thought much of.

This will probably be easier as a clerk than at a firm. Clerk's don't have to move too much, and courthouses are usually very handicapped friendly.

[Flanker1067]

I just can't imagine what leg injury you'd have that takes that long to heal - unless youre having something amputated. People rupture their ACL, get surgery, and walk (with a limp) in like a week. What surgery is it?

+1

Add: A week might be a little exaggeration, but what's wrong with crutches? Less of a hassle than a chair...

[leobowski]

Just take a month off before the clerkship to get the surgery. Then just hobble around on crutches; it won't be that bad. You won't have too move around very much given the nature of the job, and time will fly when you're all baked on painkillers. Good luck dude.

[Tangerine Gleam]

Why hasn't anyone suggested FMLA leave? This doesn't sound like a recreational surgery, and assuming it is necessary, you have a variety of protections from discharge which I'm sure either the law firm or the judge will be aware of. Do what you gotta do.

Nice issue-spotting.

[Anonymous User]

I just can't imagine what leg injury you'd have that takes that long to heal - unless youre having something amputated. People rupture their ACL, get surgery, and walk (with a limp) in like a week. What surgery is it?

I don't want to go into much detail, but because of an accident one of my legs is shorter than the other. It's obviously remediable using shoes, though it's still a real pain and something that makes me self conscious. The surgery essentially lengthens the shorter leg bone to make them both match.

[BlueDiamond]

I just can't imagine what leg injury you'd have that takes that long to heal - unless youre having something amputated. People rupture their ACL, get surgery, and walk (with a limp) in like a week. What surgery is it?

I don't want to go into much detail, but because of an accident one of my legs is shorter than the other. It's obviously remediable using shoes, though it's still a real pain and something that makes me self conscious. The surgery essentially lengthens the shorter leg bone to make them both match.

Well dont I feel like an asshole now.. but yeah I'd say get the surgery and leave the firm like the day before it is scheduled to go down.. then rest 2-3 weeks and start for the judge but use crutches as it is just a problem with one leg.. sounds extremely painful.. i dont imagine any judge would hear the story behind that surgery and then say you no longer have a job

[Anonymous User]

Depending on your judge, you may have some down time during one of your clerkships when you could have the procedure. I know of judges who arrange their calendars so as to take the summer off to travel. An appellate clerkship would be conducive to recuperating at home while drafting bench memos and opinions. Also (assuming you are doing federal clerkships), the federal health insurance is very good with no preexisting condition exclusions. It might cover your procedure since it's to correct an accident-related problem and is not purely cosmetic.

Another option, if you can wait that long, is right after your clerkships. You get one month of free continuation of federal health insurance after you leave, and you could recuperate before returning to the firm. A clerkship bonus could cover the expenses you incur during your recovery.