Disability and Maternity Leave
We are Here to Protect Your Rights Schedule a Legal Consultation
If you have been denied your right to entitlements such as medical or family leave, you may have grounds for compensation. Attorney Dan A. Atkerson can meet with you during a consultation to review your case and discuss your legal options. Mr. Atkerson has over 35 years of legal experience fighting for victims of harassment, wrongful termination, and employment discrimination, and can provide the support you need in this challenging time. We are dedicated advocates for workers' rights and strive to achieve the justice you deserve. Contact our Allen, TX, practice today to schedule your consultation.
You can reach our law firm serving the greater Plano, Frisco, and Dallas areas online, or by calling:
(214) 383-3606
"Appreciate You, Dan!"
Outstanding Attorney / Person Dan is very efficient, accessible in real time and works very hard to get the desired results which he did in my case. He is very empathetic and looks from client’s perspective at all times. I felt more than an attorney, he connects to you as an individual who is trying to get the justice for you. I strongly recommend Dan to anyone who is looking to get their legal needs met.
View on GoogleI had an issue where I found out some troubling information Friday evening. By Monday morning, not only was I feeling much better about the situation, but a plan was in motion. Dan was very responsive to my situation and walked me through the process each and every step of the way. I would absolutely recommend Dan. He gets results, he's very strategic and understands the law. He's empathetic and professional all at the same time. Appreciate you, Dan!
View on GoogleA Closer Look at Your Legal Protections
Let's take a closer look at how disability and maternity leave are protected under federal law:
Family And Medical Leave Act (FMLA)
Employers rarely grant extensive amounts of paid family medical leave or paid disability leave. However, many employees are legally entitled to a certain amount of unpaid time off under the Family and Medical Leave Act (FMLA). The FMLA gives eligible employees the right to take up to 12 weeks of unpaid leave in a year for certain health and caregiving needs. Pregnancy and parental leave for children (biological, adopted, or fostered), for example, qualify for FMLA benefits.
Title VII of the Civil Rights Act
Title VII of the Civil Rights Act prohibits gender discrimination in employment. Title VII also includes the Pregnancy Discrimination Act which prohibits discrimination against pregnant employees. While Title VII does not guarantee your right to maternity leave, it does require employers to treat pregnancy and maternity leave the same as any other medical condition. If, for example, an employer grants an individual two weeks paid leave for a broken bone, then any other employee is entitled to those same benefits for pregnancy and maternity leave.
Am I Eligible For FMLA?
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It is important to understand that not all employees are eligible for FMLA benefits. To qualify for job-protected time away from work without pay, you must meet the following conditions:
- You have worked for your employer for at least 12 months.
- You have worked at least 1,250 hours over the past 12 months.
- You work at a location where your company employs 50 or more people within 75 miles.
The Timeline of Your Discrimination Claim
If you were wrongfully denied medical leave for disability, maternity, or any other protected reason, our firm will help you take the right steps to protect your rights.
"Excellent Attorney."
I highly recommend Dan Atkerson as an excellent attorney. He is persistent, hardworking, and never gives up without results. He was a blessing to me in my time of need and I had great results with his services. He will keep you informed every step of the way.
View on GoogleDan was very kind, informative and responded immediately to address any and all questions that I had. His process was very quick and detailed as well. I would recommend him to anyone. Thank you Dan… I can’t tell you how much I appreciate you!
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