Advice for Having a Baby During Clerkship Forum

[Anonymous User]

I am a 3L getting ready to graduate and have a one-year District clerkship lined up beginning in August followed by a Circuit clerkship the following a year. My wife and I found out earlier this week that she is pregnant and by our calculation the baby would be due sometime in November (obviously the pregnancy is still very early and a lot can happen between now and then, but we are hopeful that all goes well.) Just seeking any input from those who have been in similar situations. Some of my concerns are when to notify my District Judge (I am thinking sometime this summer during the second trimester), planning for having family come down to help out since I doubt I will get much time off, as well as health insurance concerns in transitioning from school insurance to whatever program clerks and their families have available. Any advice/insight is appreciated.

[pkeller]

First of all, congrats!

I would tell your judge sooner than later so s/he can anticipate and plan for your absence. Probably when your wife reaches the three month mark--that's when people usually announce pregnancies. Are you planning on taking paternity/family leave?

Secondly, and this is very important, when you say having family visit, do you mean your family or hers? I ask because you will want to discuss this with your wife and prioritize what she wants. She might not be comfortable having your family visit immediately after she gives birth (for more information, read this: https://community.babycenter.com/post/a ... _read_this). Is family truly there to help, or will they be expecting you and her to host them? Be honest with yourself on this and factor that into when you plan for them to visit. This is something you'll need to plan with your wife.

Your priorities will shift when your child is born and that is to be expected. Work probably won't be as important. Expect to be a bit sleep deprived, unfortunately. I see a lot of men not wanting to get up at night because they need to "get sleep for work" but they forget that their wives also need sleep and that they don't get a break while they're at home all day with their infant. Watch out for post partum depression. If you can, try to take a baby moon before she gives birth.

Finally, does your wife have her own health insurance right now?

Go give your wife a big hug and some chocolate probably.

[Laser Lady]

I am a 3L getting ready to graduate and have a one-year District clerkship lined up beginning in August followed by a Circuit clerkship the following a year. My wife and I found out earlier this week that she is pregnant and by our calculation the baby would be due sometime in November (obviously the pregnancy is still very early and a lot can happen between now and then, but we are hopeful that all goes well.) Just seeking any input from those who have been in similar situations. Some of my concerns are when to notify my District Judge (I am thinking sometime this summer during the second trimester), planning for having family come down to help out since I doubt I will get much time off, as well as health insurance concerns in transitioning from school insurance to whatever program clerks and their families have available. Any advice/insight is appreciated.

On the insurance point, federal clerks are eligible for health insurance through the Federal Employees Health Benefits program, for both individual and family coverage. You can read up on the healthcare plan options here: https://www.opm.gov/healthcare-insurance/healthcare/

[Saami]

Expect to be a bit sleep deprived, unfortunately.

Only a bit? An optimist, I see!

[pkeller]

Didn't want to scare OP!

[Anonymous User]

This may be a dumb question, but do clerks get maternity/paternity leave as a general policy? Or does that depend on the judge/court?

[Anonymous User]

This may be a dumb question, but do clerks get maternity/paternity leave as a general policy? Or does that depend on the judge/court?

When I clerked, it was entirely at the discretion of the judge, in part because federal employees just didn’t get paid parental leave at all. You had to use annual leave and/or sick leave. (You also weren’t entitled to accrue leave, but your judge could choose to opt you into the leave system - google for something like “judicial law clerk” and “Leave Act” for more about this - so technically any leave of any kind was at your judge’s discretion.)

Federal employees now get 12 weeks paid parental leave (FEPLA), so if your judge put you into the leave system, FEPLA should apply as well, EXCEPT that you have to qualify for FMLA leave, which means you have to have 12 months of employment before you’re eligible. So unless you come to clerking from another federal job, it looks like you’d have to be in a 2-year clerkship to get FEPLA.

(All that said - while I like to think that a federal judge wouldn’t refuse to give a clerk leave that they’re legally entitled to, I think in practice what your judge wants is going to have a big impact here regardless.)

[Anonymous User]

Congrats! I can provide some insight, as I am currently going through the process of being pregnant myself with my baby being due during my district clerkship.

You will have access to really awesome health insurance as a federal employee (FEHB). All prenatal care and labor/delivery costs are completely covered aside from a small copay for your hospital admittance (even under the most basic plan), so I would highly recommend adding your wife to your insurance when you can.

There is no guaranteed parental leave for federal term clerks because FMLA doesn't kick in until 12 months of employment. If you talk to your judge about it, you might be able to get a bit of extra "unofficial" leave, but I wouldn't count on it and I would plan on just using your vacation/sick days (the number of vacation/sick days you get will depend on your judge--you could reach out to the current clerks and ask them how many days your judge typically allows). My judge is very accommodating and I was able to work out getting a more extended leave (8 weeks, so basically just as long as I need to recover after the delivery) and am having a temporary clerk fill in for me while I'm gone, but I doubt that would be an arrangement that a spouse/partner could make happen.

I think reaching out to your judge during the second trimester is a good idea just so that he/she is aware of it and you can discuss and plan for the time you will take off, even if it is fairly limited. That will also allow you and your wife to start planning for the additional support she will need.

[Anonymous User]

Congrats! You might want to check sooner rather than later, as this depends almost entirely with your judge. I had a friend whose wife had a baby during his clerkship and the judge *grudgingly* gave him off the rest of the week that the baby was born. Hopefully your judge is more accommodating, but it's good to be able to set expectations for yourself and your wife. And if you have helpful family, that is truly a lifesaver -- I had family stay (babies weren't born during my clerkships though) and it was the best.

[Anonymous User]

There is no guaranteed parental leave for federal term clerks because FMLA doesn't kick in until 12 months of employment. If you talk to your judge about it, you might be able to get a bit of extra "unofficial" leave, but I wouldn't count on it and I would plan on just using your vacation/sick days (the number of vacation/sick days you get will depend on your judge--you could reach out to the current clerks and ask them how many days your judge typically allows). My judge is very accommodating and I was able to work out getting a more extended leave (8 weeks, so basically just as long as I need to recover after the delivery) and am having a temporary clerk fill in for me while I'm gone, but I doubt that would be an arrangement that a spouse/partner could make happen.

What if you have a two year clerkship?