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Advice for the Lawlorn
I accepted a position that starts at the end of my clerkship, but I have vacation plans. Will this be a problem?
New York Law Journal
March 14, 2007

Ann Israel is the legal profession's Dear Abby. A New York legal recruiter since 1979, Ann is a past president of the National Association of Legal Search Consultants. Advice for the Lawlorn is updated every Tuesday.
Q:I accepted a position that will start in September after the end of my clerkship. Recently, my friends surprised me with a cruise for my 30th birthday in February 2008 (four months after I start my new job). How do I let my firm know of my vacation request (five days)?
Some background is that the firm is midsized and located in north New Jersey. I was told that while I was expected to bill a certain number of hours yearly, the firm culture expects associates to take time off. Specifically, after I was hired, the hiring partner told me that he expected me -- in fact, wants me -- to take at least two weeks vacation a year.
Should I call and tell him now? Wait until July or August? Or wait to tell him after I start?
Thanks for your help in advance,
New Associate in N.J.
Dear New Associate: What nice friends you have! You must have been very surprised to receive such a generous and wonderful gift. You must be a very special friend to have your friends remember your birthday with such an amazing gift!
I don't see that you really have a problem here except that I don't suggest you wait any longer to inform the firm about these plans. Since you know about the cruise now, there would be no reason to withhold this information.
Over all the years that I have been headhunting, there is rarely a time when I place someone that he or she doesn't have some kind of trip planned for the coming year. These upcoming trips are generally prepaid -- as is yours -- and almost always are for a special occasion -- as is yours, in a way. When an offer is about to be accepted, or is accepted, I always inform the employer that the candidate will need these specific days off as a condition of employment. It has yet to present a problem.
If the planned trip takes place soon after the candidate starts his or her new job, it is fair to tell the employer that there is no expectation of pay for the missed work days. However, if it is after the six-month mark of employment, generally, there is already accrued vacation time.
In your particular situation, it is going to be up to the employer whether or not this time off in your fourth month of employment will count as vacation days, meaning whether or not this will be a paid vacation for you. Nevertheless, you are going to be taking off these five days, and you need to let the firm know as soon as possible.
I would suggest that you speak with the hiring partner in a brief conversation, letting him know that your friends have honored you with this gift to take place on these specific dates. Let him know that you will certainly give him those dates again once you start your employment in the fall and that you will certainly give the dates to the head of your practice group as well, but you just wanted to make sure that you told him about this trip as soon as it had been planned.
This is no big deal, and probably, it would be just fine if you waited until you started work at the firm to tell him. I just think it looks a lot more straightforward to let him know when it happens. He sounds like a great guy, at any rate. I love a managing partner that wants -- no, expects -- his associates to take at least a two-week vacation. Believe me, I know plenty of associates who haven't had a vacation in years!
Have a great time on your cruise, and best of luck with your career!
Sincerely,
Ann Israel
President, Ann Israel & Associates
