Home / FMLA & ADA Leave
DFW Employment Law
Your health shouldn't cost you your job.
The Family and Medical Leave Act and the Americans with Disabilities Act protect your right to take medical leave and to receive reasonable accommodations. Denying those rights — or punishing you for using them — is illegal.
The FMLA gives eligible employees up to 12 weeks of job-protected unpaid leave for serious health conditions, family care, or the birth/adoption of a child. The ADA requires employers to provide reasonable accommodations for disabilities and prohibits disability discrimination. If you were denied leave, refused an accommodation, or fired for taking either, you may have a claim.
Your rights under the FMLA
If you work for a covered employer (generally 50+ employees within 75 miles) and have worked there at least 12 months and 1,250 hours, you're likely eligible for up to 12 weeks of job-protected leave for your own serious health condition, to care for a family member, or for a new child. Your employer must return you to the same or an equivalent position and can't count protected leave against you.
Your rights under the ADA
The ADA protects qualified employees with disabilities and requires employers to engage in an interactive process to find a reasonable accommodation — a modified schedule, equipment, reassignment, or leave — unless it would cause undue hardship. Refusing to even discuss accommodations, or firing you instead, can violate the law.
Common violations we see
- Being denied leave you were entitled to take
- Being fired or demoted while on or after returning from leave
- An employer refusing to discuss or provide a reasonable accommodation
- Being treated worse because of a disability or a perceived disability
- Retaliation for requesting leave or an accommodation
Do I have a case?
If any of this sounds familiar, let's talk.
- You were denied medical or family leave you believe you were entitled to.
- You were fired or demoted during or shortly after taking leave.
- Your employer refused to discuss a reasonable accommodation for a disability.
- You were treated differently after disclosing a medical condition.
- You were punished for requesting leave or an accommodation.
Common questions
Straight answers.
Am I eligible for FMLA leave?
Generally, if your employer has 50+ employees within 75 miles and you've worked there at least 12 months and 1,250 hours in the past year. Eligibility can be fact-specific, so it's worth confirming with a lawyer.
What is a reasonable accommodation?
A change to the job or workplace that lets a qualified employee with a disability do their job — such as a modified schedule, assistive equipment, reassignment, or leave — as long as it doesn't impose undue hardship on the employer.
Can I be fired while on FMLA leave?
Not because of your leave. You can be let go for unrelated, legitimate reasons, but firing you because you took protected leave — or refusing to reinstate you afterward — can be unlawful interference or retaliation.
What if my employer won't discuss an accommodation?
The ADA requires an interactive process. An employer that flatly refuses to engage, or that fires you instead of considering an accommodation, may be violating the law. We can help you evaluate it.
Areas we serve
Representing employees across Dallas–Fort Worth.
Serving employees across the Dallas–Fort Worth Metroplex. Charges for the DFW area are handled through the EEOC Dallas District Office and the Texas Workforce Commission.
Take the first step
The sooner you have counsel, the more options you have.
Reaching out today can change the outcome.