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David G. Gabor, Esq. 

 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 excellence. 

  

 

 

 

The Wagner Law Group

The 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.

 

Established 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.

 

 

 

   

 

 

 

Contact Info

The Wagner Law Group

 

  Integrity | Excellence

  

Boston 

Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110

 

Washington, D.C.

Tel: (202) 969-2800

 

Fax: (202) 969-2568

 800 Connecticut Avenue, N.W.

Suite 810

Washington, D.C. 20006

 

Chicago

Tel: (847) 990-9034

Fax: (847) 557-1312

190 South LaSalle Street

Suite 2100

Chicago, IL 60603

 

  

Palm Beach Gardens 

Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418

   

Tampa

Tel: (813) 603-2959

Fax: (813) 603-2961

101 East Kennedy Boulevard

Suite 2140
Tampa, FL  33602 

  

San Francisco

Tel: (415) 625-0002

Fax: (415) 358-8300

300 Montgomery Street

Suite 600

San Francisco, CA 94104

  

St. Louis

Tel: (314) 236-0065

Fax: (314) 236-5743
25 W. Moody Avenue
St. Louis, MO  63119

 

Lincoln, MA
Tel: (617) 532-8080
Fax: (617) 532-9090
55 Old Bedford Road
Lincoln, MA 01773

 

 

www.wagnerlawgroup.com

 

 

 

July 3, 2018

 

 

Employment Law Alert

 

 Massachusetts Paid Medical Leave Law

 

 

 

  

Massachusetts 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.

 

 

 

This Newsletter is protected by copyright. Material appearing herein may be reproduced with appropriate credit.

 

This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.