FMLA Attorney

The Family and Medical Leave Act (FMLA) is designed to protect employees but in some cases, employers fail to comply with the law.

An attorney can help you determine if you have suffered discrimination in this area or been denied certain employment law rights.

FMLA lawyer Dan A. Atkerson in Allen, TX, helps employees get what they are entitled to under federal law...

The FMLA Provides Protected Job Leave

The Family and Medical Leave Act is a federal law that provides employees with protected job leave when they have a serious health condition. It can also protect employees who need time to assist a close family member who becomes sick. Mr. Atkerson has recovered substantial settlements for clients who faced discrimination in this area.

Understanding the Family and Medical Leave Act

Employers are required by law to grant employees 12 weeks of unpaid leave for their own health, including conditions such as pregnancy, or in order to take care of a loved one. They must provide all the information and forms you need to complete in order to take maternity leave or other types of leave, along with direction on how to maintain your benefits during this time. Unfortunately, employers may fall short in several regards. 

Leave of absence paperwork

In some cases, you might face resistance when you simply ask about taking time off. In a more extreme example, you might return to work at the same capacity as when you left. Either way, you should contact a law firm and speak to an employment lawyer like Mr. Atkerson to find out how to assert your rights.

Examples of Retaliation or Violations of Employment Law Basics

The FMLA provides protection to an employee when the information indicates the individual was entitled to maternity or paternity leave, but has been denied leave or faced retaliation at work as a result.

Upset-looking pregnant woman in front of desk and computer

Some common examples of these violations include:

  • Being told your job will not be there for you when you return, or that now is not a good time for an employee to be seeking leave, even leave that is unpaid.
  • Being asked to give more than 30 days’ notice in situations where doing so is not possible. The rule is that only reasonable notice need be given by the employee. An employer who asks for more notice of the request may be in violation of employment laws.
  • Being asked to specifically state you are asking for leave under the FMLA. Not every employee is familiar with this law and it is the job of an attorney and not a worker to properly phrase the time-off request in legal terms.

The team at our labor attorney office in Allen, TX, focuses on employment law issues such as employer and employee relations, and the rights and obligations that arise from that relationship. For answers to your questions about taking paid or unpaid leave for a serious health condition, what you are entitled to do at work when you need to care for a family member, or how to seek reimbursement if your employer has retaliated against you for taking leave, we encourage you to reach out to our firm today.

If you have been an employee for at least a year and work within 75 miles of an office location with 50 or more employees, you likely qualify for medical leave under the FMLA. If your boss has turned your request for time off down, you should seek the advice of an FMLA lawyer right away. Your attorney will review your case and let you know what to expect next. Our goal is to put you at ease, and we do this by sitting down with you to listen and then give you our advice regarding your unique case. When you put your case in our hands, we do not treat you like another client or number, but as an individual with specific needs. 

Calendars and pencil

TaQuanyia Stallworth


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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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Summer Pierce


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After spending 1 hour calling 28 different attorneys offices (3 out of the 28 offices answered and sent me to someone’s voicemail each time, the rest of them didn’t even answer) I came across Mr. Atkerson who answered on the first ring, spent 10+ minutes listening to me and giving me advice without asking for a dime. He was very knowledgeable and helpful and I will definitely keep him in mind for any future needs! Highly recommend!

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Contact Our Office to Learn More about the FMLA

The decision to hire a lawyer is not one that should be taken lightly. Just like there are different kinds of cases, there are different types of lawyers who handle those cases. Attorney Dan A. Atkerson has a legal practice focused on employment issues and is here to help you understand your rights under the FMLA.

If you believe your rights have been violated, schedule an appointment today at our conveniently located office in Allen. We proudly serve the communities of Dallas, Plano, and Frisco, Texas. Contact us online, or call:

(214) 383-3606

Attorney Dan Atkerson
Attorney Dan Atkerson

Things to Expect While on Leave

Man in front of paperwork and laptop holding baby

After your employer has granted your request to take FMLA leave, the legal aspects of your case do not come to an end. While on leave, you should not be receiving calls asking you to come back to work. You should also not be receiving threats of retaliation for having taken leave and you should expect your insurance to remain in place. If any of these concerns have happened to you while on FMLA leave, you need a dedicated attorney in your corner. The FMLA prohibits your employer from taking certain actions, and an employment lawyer will know how to determine if a violation has taken place.

"Gets the Job Done"

One of the best lawyers in Dallas! Always prompt with communication and gets the job done. Tina Marie - 2019

Trust Your Case to an Employment Law Attorney

Pregnant woman holding stomach

Whether you were discriminated against for taking FMLA leave by being encouraged not to take time off, were returned to a position that is different from the one you had prior to your medical leave, or lost important benefits including health care or retirement options, it is important to remember that you have rights.

Dan A. Atkerson has been practicing law since 1984 and founded his own private practice in 2001. Mr. Atkerson is familiar with the FMLA rules and regulations and also Texas state laws in this area. Choosing an attorney who is highly reviewed with a track record of helping employees fight for their rights can put your mind at ease when pursuing a claim. Our office provides convenient services for residents of Plano, Frisco, and the surrounding communities, and we have fought for individuals just like you time and time again. 

Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. 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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