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The Wagner Law Group

The Wagner Law Group, A Professional Corporation, is a nationally recognized ERISA & employee benefits, estate planning, employment, labor & human resources practice. 


Established in 1996, The Wagner Law Group has 22 attorneys engaged exclusively in employee benefits, estate planning and employment law. Six of our attorneys are AV rated by Martindale-Hubbell as having very high to preeminent legal abilities and ethical standards. The firm is among the largest ERISA boutiques in the country. Our practice is national in scope, with clients in more than 40 states and several foreign countries.





Contact Info

The Wagner Law Group


  Integrity | Excellence



Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110

Palm Beach Gardens 

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



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
100 South 4th Street, Suite 550
St. Louis, MO  63102 







May 5, 2016


 Health and Welfare Law Alert




 DOL Releases New FMLA Guide and General Notice for Employers to Use





DOL has released a new FMLA Guide along with a new General FMLA Notice to help employers administer the FMLA requirements.


FMLA Guide.  DOL says that its new FMLA Guide, "The Employer's Guide to the Family and Medical Leave Act", is designed to provide essential information about the FMLA to employers, including information about employers' obligations under the law and the options available to them in administering leave under FMLA.



The Guide provides welcome clarification to employers about the FMLA regulations in a reader-friendly format.  Specifically, the Guide is meant to provide employers with guidance on common FMLA administration issues.  For example, the Guide:


  • Tracks the FMLA regulations and the course of a typical leave request. 
  • Contains flowcharts that allow employers to follow the typical FMLA process.
  • Contains a "Did You Know?" section that provide employers with insight on subtle distinctions contained in the FMLA regulations.
  • Provides an explanation of the medical certification process, including the information required in these certifications.
  • Provides an overview of military family leave.
  • Provides timelines for calculation periods (including the 12-month lookback period). 


The FMLA Employer Guide is available at: https://www.dol.gov/whd/fmla/employerguide.pdf.




FMLA Notice.  FMLA-covered employers must post a copy of the General FMLA Notice in each location where it has employees.  The General FMLA Notice is intended to provide an explanation of the law's protections and requirements, as well as how employees can file  complaints of violations of FMLA with DOL.




Specifically, the General FMLA Notice must be:


  • Prominently displayed where it can be easily seen by employees and job applicants.
  • Displayed even if no employees are FMLA-eligible. 


Employers may electronically post the General FMLA Notice as long as they satisfy the DOL's electronic posting requirements.  Where a significant portion of the employer's workforce is not literate in English, the employer must provide the General FMLA Notice in a language in which the employees are literate.  Employers who violate the General FMLA Notice requirements can be liable for a civil penalty of up to $110 per offense. 




The FMLA Notice is available at: https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf.




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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.