FMLA Attorney

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. 

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.

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.

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.

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.

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.