Law Offices of Dan A. Atkerson

Maternity Leave Attorney

Maternity leave is designed to allow mothers to bond with their baby or an adopted child, as well as heal following childbirth.

Unfortunately, some employers may deny employees their full amount of leave or demote them upon their return to work.

If you live in Plano, Frisco, or other communities near Allen, TX, and greater Dallas, employment attorney Dan A. Atkerson can protect your rights and livelihood...

Maternity Leave: The Basics

The time a mother is allowed to take off of work to care for a newborn or newly adopted child is referred to as pregnancy leave, parental leave, or maternity leave. The federal law that protects eligible employees in this regard is referred to as the Family Medical Leave Act (FMLA).

Under the FMLA, eligible mothers can take up to 12 weeks of unpaid leave. In some cases, paid leave may be available to you. Despite these protections, many women will face discrimination or retaliation of some type. An employment attorney such as Dan A. Atkerson can answer your questions during a consultation at our law firm and provide guidance based on your unique concerns.

Why Call Dan A. Atkerson?

"Expertise, Professionalism & Solid Results"

TaQuanyia Stallworth

TaQuanyia Stallworth

December 2019

Dan was the only lawyer who seemed to have time for me and knew that I had a case. He was personable, helpful, and most importantly he knew how to win without setting foot in a court room. The process was fast and he communicated with me through the entire process. I would highly recommend his services if you need a lawyer.
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Evan Lopez

Evan Lopez

May 2019

Dan Atkerson helped me recently with a sensitive legal matter. He proved to be an invaluable resource.  His legal expertise, his professionalism, and the solid results he produced make him the go to attorney in his field of expertise.  I would certainly work with Dan again and recommend him to others!
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What Rights Do Mothers in Texas Have?

When an employee has just given birth to a child or has adopted a child and takes time off of work to care for that child, certain legal rights are granted to that employee. There are federal laws in place which protect your right to step back from your job for a set period of time in these situations, and we have familiarity with those laws and how they can apply to your case. If an employee is eligible for maternity leave, the employer is prohibited by the FMLA from prohibiting that employee from taking medical leave. If an employer fails to abide by this federal law, an employee should seek advice from a lawyer to assert their rights.

Some common causes of employment law action under the FMLA include:

  • Denial of Request: In some cases, employees will need to take legal action to enforce their rights to take time off from work after they were denied by their employer.
  • Discrimination: This includes action taken by an employee against the employer for any disparate treatment as a result of the employee having taken time off of work to care for a new child, such as returning to work in a lower-standing position.

How We Can Help

If you live in the Dallas, Texas, area, count on us to answer your questions about your rights. We can help you determine:

If your employer is required to provide you with any time off work

What you can do if your rights have been denied in any way, shape, or form

The length of time off you are entitled to take before returning to work

Whether the time you take is paid or unpaid or a combination of the two

Cases of pregnancy discrimination can be hard to detect because obviously, many employers do not come out and state a person has been let go for having a baby. However, a qualified employment law attorney like Dan A. Atkerson knows how to investigate your claims and make a case under the FMLA or other medical leave laws.

Contact Our Dallas, Texas, Area Firm for Help

If you have been denied your rights under federal law to take time off work to care for your child, contact attorney Dan A. Atkerson. Mr. Atkerson founded his firm in 2001, after 17 years of practice as a Texas attorney. Our conveniently located office is just west of Allen, Texas (near Dallas), on the North Central Expressway east of Highway 121. We patiently listen to your concerns, specifically tailor your case to your needs rather than treat you like a number, and are sympathetic to your needs. We can be reached online or at:

(214) 383-3606

Attorney Dan A. Atkerson

Is Pregnancy or the Need to Care for a Child Considered a Disability?

In some states, the legal structure in place when a mother takes leave to care for a child is combined with disability rights. The idea is that when a parent takes off time from their job, that time off is not solely governed by the Family and Medical Leave Act, but rather is part of a larger legal right to take time off work–that of disability leave.

The exact terminology is less important than the rights granted to an employee under either type of leave taken. Concepts of both of these areas of law come into play when a parent takes time off after pregnancy and childbirth or adoption. Most importantly, a parent needs to seek competent legal assistance when leave of any type has been wrongfully denied.

"Dan Was Great"

"Mr. Atkerson was very generous with his time, answering my questions about forced arbitration and non-compete agreements. He was straightforward and translated legal verbiage into a form I could understand. He is a very patient gentleman and easy to communicate with!" Evangula Vann - 5-Star Google Review - 2018
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Do You Qualify?

While they are valuable, these rights are not automatically applied to every worker. In order to qualify for the right to be absent from work after the birth or adoption of a child, you must have worked for your employer for at least a year. The type of employer you have is also a critical piece of this puzzle, as not all jobs are required to provide these rights. If you work for a governmental agency, you may be entitled to time off, but may not be compensated while you are not at work. If you work in the private sector, your employer may be required to let you take off, but only if you work within a 75-mile radius of a location that employs 50 or more employees.

Determining whether you qualify takes the legal know-how of a qualified lawyer. Mr. Atkerson is known for handling diverse employment law claims for clients from Frisco, Plano, and surrounding communities throughout greater Dalla. He is always available to look over your case and outline your options. We explore not only your qualifications to take time off, but whether you have suffered pregnancy discrimination or retaliation for asking for time off work.

Law Offices of Dan A. Atkerson

Dan Atkerson
Attorney Dan Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over 35 years. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements.

To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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Allen Office

1025 Arches Park Dr
Allen, TX 75013

Open Today 9:00am - 6:00pm

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