FMLA Attorney Allen

Six-Figure Results for Workers Denied Protective Leave

  • Practicing employment law in Texas since 1984
  • Successful FMLA claims involving age, caregiving, disability, and more
  • No fees unless you recover compensation
  • Known for empathetic counsel and honest guidance

Why Choose Our FMLA Lawyer Serving Allen and Beyond

Several Decades Handling FMLA and Retaliation Claims

Mr. Atkerson understands how courts interpret eligibility, protected leave, and retaliation and has recovered significant compensation for employees wrongly denied time off or punished for taking it.

Personal Support From Your First Call to Case Resolution

Clients at our McKinney office never deal with a junior associate or case manager. Mr. Atkerson personally handles every step of your case, offering honest, empathetic counsel and practical legal strategy tailored to your unique situation.

Respected for Results and for Listening

With a reputation for not rushing clients off the phone and a history of successful outcomes against employers large and small, Mr. Atkerson is the advocate North Texas workers trust when their job and health are on the line.

Mr. Atkerson explains the protections offered by the FMLA, including eligibility requirements and common violations by employers. Learn how the FMLA safeguards your job when dealing with serious health conditions or caring for a family member.

Request a Free Consultation With Our Employment Lawyer Serving Allen and Beyond

Mr. Atkerson doesn’t hand your case off. He handles every detail personally, from your first consultation to your final resolution. With a career built on employment law and a reputation for listening, he’s helped workers across North Texas stand up to unfair treatment and get their lives back on track.

If your employer denied your right to take protected leave or punished you for using it, you deserve experienced, compassionate representation. Mr. Atkerson has been helping employees assert their rights since 1984, and he’s ready to help you do the same.

You’ll never be rushed or pressured, just heard. Consultations at our McKinney office are free, confidential, and focused on helping you understand whether you have a case and what your next steps might be.

“Dan Atkerson Law Firm was professional, compassionate, and highly effective during a tough time. Dan communicated clearly, advocated strongly, and had my best interests at heart. I’m truly grateful for his support and highly recommend his law firm.” - Shirin M, 5-star review

Understanding the FMLA

Mother in the hospital holding her newborn

Under federal law, eligible employees of a covered employer may take up to 12 weeks of unpaid leave during a 12-month period to care for themselves or an immediate family member with a serious medical condition. This includes leave for the birth of a child, placement of a child through foster care, or to care for a spouse, child, or parent with a qualifying health issue.

Leave may be taken all at once or spread out in smaller increments through intermittent FMLA leave, depending on the circumstances.

Your employer must provide clear information, required forms, and guidance on maintaining your benefits during this time. Unfortunately, some employers fall short, denying requests, creating roadblocks, or even retaliating against workers for exercising their rights.

Whether you’ve been discouraged from taking leave, pressured to return early, or simply not informed of your options, it’s important to speak with an attorney like Mr. Atkerson to understand and enforce your rights.

Examples of Retaliation or Violations of Employment Law Basics

The FMLA protects employees from being denied their legal rights or punished for using them. Unfortunately, some employers try to discourage or delay legitimate requests or retaliate against workers after they return.

Common violations include:

  • Being told your job may not be there when you return from leave
  • Being pressured to delay or cancel leave, especially during busy periods
  • Being asked to give more than the legally required “reasonable notice”
  • Being expected to use legal language or cite the FMLA directly when requesting time off
  • Facing reduced hours, loss of seniority, or unwanted job changes after your return

Employers cannot create extra hurdles or retaliate in any form, whether by demoting, disciplining, or isolating you. If you’ve experienced any of these issues, it’s time to speak with our FMLA attorney serving Allen and nearby.

Who Qualifies for FMLA Protection?

To be eligible under federal law, you must work for a covered employer (generally a private employer with 50 or more employees within 75 miles of your worksite), and you must have been employed there for at least 12 months.

If you qualify, you may take job-protected leave to care for:

  • Your own serious medical condition
  • A spouse, child, or parent with a qualifying health need
  • A new child after the birth of a child or through foster care placement

You are not required to use specific legal terms when requesting leave. Your employer is obligated to recognize qualifying circumstances and guide you through the process. If they fail to do so or penalize you afterward, you may have a legal claim.

Think Your Employer Violated the FMLA? Talk to Our Attorney Serving Allen & Nearby

If you’ve been denied leave, pressured to return early, or penalized for taking time off under the FMLA, your employer may be violating federal law.

Mr. Atkerson has helped countless Texas employees navigate FMLA claims and stand up to retaliation and he’ll personally walk you through what qualifies, how to document your case, and what to expect next.

If you’re unsure whether your situation meets the criteria, don’t guess. A short conversation can help you understand your rights and next steps. Send us a message or call our firm:

"From the very beginning, he was knowledgeable, strategic, and made sure I understood every step of the process. He always kept me in the loop and was quick to answer any questions, which made a huge difference in reducing the stress that comes with legal matters. What I appreciate most about Dan is his commitment to doing what’s right. He doesn’t back down when it comes to holding people accountable, and he fights for his clients with passion and integrity. If you need a lawyer who truly knows his stuff and will stand by you every step of the way, Dan is the one you want in your corner." - Mary S., 5-star review

Dan A. Atkerson

What to Expect While on FMLA Leave

Even after your leave is approved, your legal protections continue. Employers must maintain your group health benefits and cannot harass, monitor, or pressure you while you’re out.

You should not be asked to check in regularly, respond to emails, or complete work-related tasks unless previously agreed upon. You’re also entitled to take the full duration of your leave without being rushed back, even if your absence causes staffing challenges.

If you’re being called back early, threatened with retaliation, or noticing changes to your insurance, seniority, or job status, speak with an employment attorney. Our FMLA attorney in McKinney can help determine if your rights have been violated and what next steps to take.

Frequently Asked Questions About FMLA

Can I be fired while on FMLA leave?

Employers cannot terminate you for taking approved FMLA leave. However, if other legitimate grounds for termination exist, they may still apply — which sometimes leads to disputes over wrongful termination.

Does my employer have to pay me during FMLA leave?

FMLA leave is unpaid, but your employer must maintain your group health benefits during your absence. In some cases, unpaid leave disputes overlap with wage and hour violations.

What if my job changes when I return?

You’re entitled to return to the same or a substantially equivalent role. A demotion or cut in pay may qualify as employment discrimination, especially if tied to your leave.

Can I use FMLA leave for mental health?

Yes — mental health conditions that require ongoing treatment or time off may qualify under FMLA. If your condition is mishandled, you may also have protections under disability discrimination law.

What if I don’t qualify for FMLA?

Not all employees meet the federal eligibility criteria — but that doesn’t mean you’re without protection. Some employers offer similar leave policies voluntarily, and you may still be protected against retaliation for requesting time off. If you were punished or let go after raising concerns, retaliation or employment discrimination laws may still apply.

“He is a great person to work with” A Trusted Advocate Serving Allen With Tremendous Experience

“I had an issue related to employment and worked with Dan. Dan is very professional and attention to detail and from day one he kept me informed and up to date on progress. He represented me and worked in resolving the matter. I highly recommend his firm 100%. He is a great person to work with tremendous experience.” - Prabhakar K, 5-star review

Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for 40+ years. He is affiliated with several prestigious legal organizations, including: 

  • The State Bar of Texas
  • The Dallas Bar Association
  • The United States Court of Appeals Fifth Circuit
  • Texas Supreme Court and all Texas trial and appellate courts
  • Texas federal courts for the Northern and Eastern Districts of Texas

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule a consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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