Maternity Leave Attorney

Feb 18, 2022 @ 12:29 AM — by Dan Atkerson

The time that a mother has with their newborn or newly adopted child is precious. Employment law allows qualified workers to take maternity leave to bond with their child and/or heal from childbirth. Unfortunately, many women are unaware of their exact rights regarding maternity leave, and employers may take advantage of that by denying them the time off they are due.

Maternity leave attorney Dan A. Atkerson helps new mothers understand maternity leave rights as it applies to them. For those in Plano, TX, Frisco, TX, Allen, TX, and surrounding areas who have been wrongfully denied maternity leave, or punished for taking time off, maternity leave attorney Dan A. Atkerson is prepared to fight against pregnancy discrimination.

How Much Maternity Leave am I Able to Take?

Maternity leave, which is also referred to as pregnancy leave or parental leave, is regulated by a federal law called the Family Medical Leave Act, or FMLA. FMLA allows eligible employees to take up to 12 weeks of unpaid, job protected leave for qualified medical and family reasons. These reasons include giving birth to a child or adopting a child.

In addition to time provided by FMLA, new mothers may be able to extend their maternity leave by using earned sick time, vacation time, or PTO (paid time off). Employees should speak directly with their employer to understand how these additional hours may be used.

FMLA Qualifications

FMLA provides eligible employees with paid time off, and protects them from being fired or facing retaliation for using their leave. However, not all employees qualify to take FMLA leave. To be eligible for FMLA protections, employees must:

Work at a company with at least 50 employees within a 75 mile radius
Have been employed by their employer for at least 12 months
Have worked at least 1,250 hours for the employer in the 12 months prior to taking leave

What if I Have Been Wrongly Denied Maternity Leave or Punished for Taking Leave?

Despite protections provided by FMLA, employers still deny employees the leave they are due. Similarly, some employers retaliate against employees for taking the leave they have earned. Examples of retaliation include terminating an employee while they are on leave, demoting an employee when they return to work, or denying an employee a promotion, training, or other job growth opportunities.

Individuals who have been denied their right to maternity leave, or those who have faced retaliation for taking leave to bond with their child and recover from childbirth should talk to a maternity leave attorney. Dan A. Atkerson can consider the details of the situation to determine if an employee has grounds to file a pregnancy discrimination lawsuit.

Learn More

If you are interested in learning more about the rights provided under the Family Medical Leave Act, or would like to know if you have grounds to file a discrimination claim, maternity leave attorney Dan A. Atkerson would be happy to meet with you to discuss your concerns. To schedule a personal consultation, send us a message online, or call (214) 383-3606.