David G. Gabor,
David Gabor is widely recognized as an expert in the area of
employment, human resources and business law. He has been called upon
to proactively represent clients in litigation, the negotiation and
drafting of contracts, handling compliance issues, the creation of
corporate infrastructure, the drafting of policies, training of
employees and leading companies towards organizational
Wagner Law Group is a nationally recognized practice in the
areas of ERISA and employee benefits, trusts and estates, employment,
labor and human resources, investment management, immigration
and family law.
in 1996, The Wagner Law Group is dedicated to the highest standards
of integrity, excellence and thought leadership and is considered to
be amongst the nation's premier ERISA and employee benefits law
firms. The firm has seven offices across the country, providing
unparalleled legal advice to its clients, including large, small and
nonprofit corporations as well as individuals and government entities
worldwide. The Wagner Law Group's 33 attorneys, senior benefits
consultant and five paralegals combine many years of experience in
their fields of practice with a variety of backgrounds. Seven of the
attorneys are AV-rated by Martindale-Hubbell and six are Fellows of
the American College of Employee Benefits Counsel, an invitation-only
organization of nationally recognized employee benefits
lawyers. Seven of the firm's attorneys have been named to the
prestigious Super Lawyers list for 2017, which highlights outstanding
lawyers based on a rigorous selection process.
Wagner Law Group
Connecticut Avenue, N.W.
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
East Kennedy Boulevard
Tampa, FL 33602
Francisco, CA 94104
25 W. Moody Avenue
St. Louis, MO 63119
Tel: (617) 532-8080
Fax: (617) 532-9090
55 Old Bedford Road
Lincoln, MA 01773
Employment Law Alert
Medical Leave Law
has enacted a mandatory statewide paid family and medical leave
program which will be administered by a newly created Department of
Family and Medical Leave (the "Department") within the
Executive Office of Labor and Workforce Development.
Beginning in 2021, most employees will be eligible to take up to 12
weeks of protected paid leave: (i) to bond with his/her child during
the first 12 months after the child's birth or the first 12 months
after the placement of the child for adoption or foster care; (ii) to
care for a family member with a serious health condition, or (iii)
because of any qualifying exigency arising out of the fact that a
family member is on active duty or has been notified of an impending
call or order to active duty in the Armed Forces. Employees will also
be eligible for 20 weeks of paid medical leave for their own serious
health conditions and 26 weeks of paid family leave to care for a
covered service member. Total family and medical leave will be capped
at 26 weeks per year, and will run concurrently with Family and
Medical Leave Act ("FMLA") leave.
While on family and medical leave, employees will be paid 80% of
their salary up to 50% of the average weekly wage, plus 50% of their
salary exceeding 50% of the average weekly wage, up to a maximum of
$850 per week. These amounts may be adjusted annually.
There is a seven day waiting period before family and medical leave
payments begin. Employees may, however, utilize accrued sick or
vacation pay or other paid leave provided under their employers'
leave policies during the seven-day wait period.
The leave program will be financed through employer and employee
contributions. Effective July 1, 2019, employers must begin to remit
contributions to the Family and Employment Security Trust Fund. Small
businesses of fewer than 25 employees will not be required to pay the
employer share of the contribution.
The Department will issue final regulations before July 1, 2019,
establishing procedures for the collection of contributions, and for
the filing and timely processing of claims for leave benefits.
Employers may apply to the Department of family and medical leave for
approval to meet their paid family and medical leave obligations through
a private plan. In order to be approved as meeting an employer's
obligations under this law, a private plan must, at a minimum, confer
all of the same rights, protections and benefits provided to
employees who receive family and medical leave benefits through the
Department. The Wagner Law Group will be prepared to assist employers
who want to apply for a waiver from the Department because they will
continue to provide family and medical leave through their own plans.
Employers will need to have procedures in place to remit employer and
employee contributions before July 1, 2019. When final regulations
are issued, employers should review their leave programs and
disability plans to ensure that they are properly coordinated with
the paid family and medical leave.
If you have any questions, please feel free to contact David Gabor, head of The Wagner Law
Group's employment law practice.