From Daily Business Review, Law.com authored by Raychel Lean:

“A new proposed rule governing parental-leave continuances is set to come before the Florida Board of Governors on Friday.

The rule is being considered by the Florida Supreme Court, which has asked the board for input.

If passed, new Rule 2.570 would create a presumption that pregnant lawyers should get continuances as needed, though judges would still maintain the final say. It would designate a presumptive three-month window for timely requests, except in cases where continuances would cause “substantial prejudice” to litigants.

“If the court denies the requested continuance, the court shall state on the record the specific grounds for denial,” the proposed rule states. “If the motion for continuance is challenged by an opposing party proffering a basis for a claim of substantial prejudice, the attorney seeking the continuance shall have the burden of demonstrating the lack of substantial prejudice to the opposing party.”

The rule was unanimously approved by the Florida Bar Young Lawyers Division and the Florida Board of Governors in May 2017, but the Florida Supreme Court kicked it back on procedural grounds.

The high court will get input from the bar’s Rule of Judicial Administration Committee, which has previously voted 15-22 against the proposal.

As things stand, judges grant continuances to attorneys for a variety of reasons, but there is no specific maternity or family leave rule in place.”

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