Whether or not we have seen the worst of The Great Resignation, savvy employers are not new to adjusting their benefits and “perks” programs to better align with workforce desires. At the Disability Management Employer Coalition (DMEC) Annual Conference last week in Denver, I spoke specifically on whether Flexible Time Off (FTO) has taken over as the frontrunner, versus the more traditional Paid Time Off (PTO) approach. I thought you might be curious to know the answer, at least in my opinion, so I’m jotting down the key points from my presentation here.
Background
As with so many things in business and in life, in order to clearly understand the current state of PTO, it’s critical to look back at the history of the concept. In 1910, President Taft proposed 2-3 months of required vacation, “in order to continue his work next year with the energy and effectiveness which it ought to have.” Countries like Germany, Sweden, and others were no strangers to this idea, and set forth on setting global standards regarding minimum levels of vacation. Today, the U.S. is one of only six countries in the world – and the only industrialized nation – without a national paid leave policy. So, what gives?
At least on paper, Americans seem to prefer work over vacation. You may be laughing or rolling your eyes, but it is a fact that significant time off goes unused at the end of the year (people choose to lose it rather than use it). In some cases, this may be the result of a corporate culture that, while they may document PTO programs, do not actually encourage the use of that time. If you’re expected to work while on vacation, you may not feel it worthwhile to take said vacation.
PTO
Over the years additional policies popped up to fill some of these gaps, such as leave related to COVID-19, sick leave, disability, parental leave, and family leave. Many organizations arrived at a PTO program in which an allocated number of days account for different types of leave which vary by employer, but might include vacation, bereavement, sick and personal leave. While this creates efficiency and reduces unscheduled absences, this design (perhaps inadvertently) encourages working while sick, as employees do not want to use days within their bucket when they have a cold, since those same days could be used on a tropical vacation or, on a less happy note, in the case of a personal or family emergency. This flaw went from acceptable to unacceptable in light of the pandemic, and turned some organizations off of PTO and on to FTO.
FTO
Flexible Time Off (FTO) allows for ultimate flexibility in the volume of “vacation” time taken. With the expectation that employees do their jobs, meet deadlines and achieve their individual and corporate goals, time for rest is scheduled at the discretion of managers. FTO however is not to be confused with unlimited vacation days. While a nice idea, some challenges exist around FTO, including:
- FTO plans are unlikely to meet the needs for vacation plans and sick/safe plans, and are not recommended to fulfill all of these requirements given federal and state law complexities
- Performance management and manager training is critical with this design
- Be careful about creating guidelines around the number of acceptable days off, because it can quickly morph into a PTO plan with wage liability
- Participation in FTO plans for non-exempt employees is not recommended as it will result in payroll obstacles and litigation susceptibility
Given these factors, however, FTO plans can be a powerful organizational tool. If you’re considering FTO, I recommend first answering the following questions:
- Which population should be considered for FTO?
- What approach will ensure managers are managing workload instead of time off?
- What scheduling and approval processes will be implemented?
- How will you ensure employees have the opportunity to leverage their FTO?
- Are you accounting for sick/safe requirements through another policy/program?
- How will you answer to the stigma that FTO is designed to decrease utilization and save you (the employer) from PTO liability?

The Big Reveal
FTO can bring a lot to the table for an organization: it is unlikely to result in more time off (than before), it is financially savvy, a good recruiting tool, and relatively easy to implement. On the flip side, however, I noted some real challenges. In the end, and if you read this article for the clickbait title, my investigative answer is no: FTO is not the new PTO. It should however be considered as one tool within the absence management toolbox, and assessed according to your individual employer needs and priorities.
After a short hiatus, The Disability Management Employer Coalition (DMEC) was able to host their 2022 Annual Conference in-person for the first time since the pandemic started. DMEC is one of the leading organizations in the paid leave industry and their annual conference brings together employers, vendors, government officials, lawyers and more to network and discuss leading trends in the business. This year also marked the 30th anniversary of the creation of DMEC, furthermore solidifying itself as a staple in the world of disability management. It was great seeing so many familiar faces from the industry and learning more about what’s keeping industry professionals up at night. This year’s conference took place in Denver, CO and Spring had the pleasure of both exhibiting and presenting.
Although this year’s conference covered a wide range of topics, I noticed the following three key themes.

1) FMLA & ADA Challenges
Although compliance is often a hot button topic at DMEC, this year there was a specific emphasis on maneuvering around FMLA & ADA challenges. Presenters tackled FMLA & ADA challenges from a range of angles including changes in guidance, a Q&A with federal agency leaders, and a mock trial where the attendees acted as the jury. Some of the of the FMLA & ADA related presentations this year included:
- Helen Applewhaite, Director of the FMLA Division at the Department of Labor (DOL) was interviewed on employer challenges under these laws and key DOL and EEOC priorities in a session titled “A View from the Top: Current FMLA and ADA Challenges”.
- In a session titled “Recent ADA and FMLA Trials: Employer Wins and Losses,” experts included interactive polls where attendees could predict jury outcomes from previous FMLA & ADA trials.
- Lastly, compliance experts from ReedGroup and an Absence Management expert from The Guardian conducted a mock trial titled “Law & Order: DMEC Edition,” where presenters took roles of the judge, plaintiff, defense and plaintiff’s attorneys, and the attendees acted as the jury responding to employers breaking FMLA & ADA regulations.
2) Support for Caregivers and Healthcare Workers
Although COVID has settled a bit in severity, caregivers and healthcare workers are still facing high rates of burnout and overworking, without receiving much federal support. Also, in the past 50 years we have seen the highest rates of children and elderly parents in the home, often requiring some type of care, most often unpaid care by a family member. During this year’s conference, presenters tackled the issue of mental health for employees assuming the role of a caregiver and how employers can offer needed support. Below are some of the groundbreaking presentations tackling this issue.
- Experts from the Lincoln Financial Group explored solutions employers can adopt to support employees who act as caregivers in their “Caring for the Caregivers: A Key to Employee Retention” session.
- The Standard’s Dan Jolivet looked at common stressors healthcare workers face that lead to fatigue and turnover in the healthcare industry and brainstormed possible solutions in his “Costs of Care: The Impact of Stress and Compassion Fatigue on Healthcare Workers” presentation.
3) The Future of Leave
As we tentatively look beyond the COVID-19 era, there was a huge emphasis this year on what we can expect from the disability and leave management industry moving forward. During the pandemic many employers adjusted to remote/hybrid leave policies, introduced new mental health resources and navigated changing COVID regulations. But as we slowly move into a post-COVID world, many speakers, such as those noted below, looked at new-age alternative leave policies and what we can expect for the future of leave.
- Representatives from Unum explained how previous leave programs are not working for today’s workforce and a one-size fits all approach is not suitable for most employees in their “Leave Is Changing: Are You Changing With It?” presentation.
- Spring’s SVP, Teri Weber evaluated whether flexible time off policies could be a viable replacement for traditional PTO policies in her “Is FTO the New PTO?” session.
- Leave specialists from Brown & Brown, FINEOS, New York Life Group Benefit Solutions and Spring looked at “How [Employers Can] Harness Market Forces to Meet Future Absence Management Challenges.” Some of these market forces discussed included Instagram, the gig economy and federal paid leave policies.
a) Utilizing Tech & Data
When looking at the future of leave management, we are seeing a giant increase in leave related tech and software, which allows employers to better understand leave trends and preferences within their workforce. Although tech and data collection software are not new in the industry, we are seeing constant updates and an influx of new software that help measure different facets of absence management policies. Below are a few tech & data related sessions we wanted to spotlight.
- AbsenceSoft’s CSO and CCO showcased how data is key in managing eligibility, entitlement, workflow process and more, as well as common mistakes to avoid when designing a data strategy.
- One panel presented on “Improving the Employee Leave Experience through Technology”, in which they reviewed how tech can expedite the collection of medical documents, identify opportunities for wellness programs and more.
- When it comes to implementing Absence Software, it can be tricky selecting the right program. A discussion including CVS Health and CommonSpirit Health spoke on best practices when selecting and implementing a software-based solution.
b) Moving Past COVID-19
As many organizations slowly move back into the office, employers have been developing and reassessing return-to-work programs and reevaluating leave policies to keep their workforce happy. On a national level, we are seeing changes in COVID-related compliance and a big push to retain talented employees through enhanced benefits packages. Here are some noteworthy sessions related to adjusting to a post-COVID world.
- In a presentation titled “Life Beyond COVID: New Focuses for Absence & Disability Compliance”, representatives from Jackson Lewis review the long-lasting effects of new leave legislation.
- Experts from Voya Financial and FullscopeRMS’s Claims Director, Katie Hunt shared recent research to help enhance leave management and return-to-work programs.
- Another panel including DMEC’s CEO, Terri Rhodes tackled feedback and questions from the audience on challenges for absence management teams, return-to-work programs and ADA accommodation processes.

All in all, being back at the DMEC Annual Conference in-person was a powerful experience! This year I saw so many young and enthusiastic faces which is a good sign for the future of the industry. DMEC never fails to provide innovative insights into the absence and disability management landscape while providing a fun and interactive experience, and I am already looking forward to their next event.
This year marks the 30th anniversary of the formation of the Disability Management Employer Coalition.
Check out this background on DMEC, including inputs from our Senior Vice President, Karen English.
I had the pleasure of speaking at The New England HR Association (NEHRA)’s Annual Legal Summit a couple weeks ago. The summit brought together attorneys, CEOs, insurance experts and HR professionals to discuss changes in regulations and laws that directly impact the workplace experience of employees. Some of the major topics discussed included how to adapt to a hybrid workforce, how to know who to hire during and cultural and legal considerations when facing substance use and mental health issues in the workplace. All in all, the conference was a great success and allowed for fantastic networking opportunities and provided guidance around a range of compliance considerations that apply to countless employers nationwide.

During NEHRA’s Legal Summit, I presented on, Piecing Together the Puzzle of the Paid Leave Landscape, in which I dove into history of Paid Family & Medical Leaves (PFML) in the US and explained the current landscape of which states provide PFML (and to what degrees). I moved on to show breakdowns on a global level for paid leave for new fathers, new mothers and for an employee with a health problem. As you’ve probably heard, data shows that the US is far behind when it comes to enacting federal legislation that provides paid family leave in comparison to the rest of the world. Without federal paid leave policies, it has fallen on individual states to create, enact and enforce paid leave policies. Of the fifty states in the US, 23 have rejected PFML proposals and have no safety net for employees who face medical or family issues that would require time off work, unless a program is provided by their employer.
After addressing some of the global and national trends, I explained some of the barriers of access to paid family leave within the US. For instance, women are 20% more likely to leave their jobs when they don’t have access to paid leave and 25% of new mothers return to work less than two weeks after giving birth1. Additionally, when breaking down access to paid leave based on race, research conducted by the National Partnership for Women & Families found that 28% of black respondents reported having requests for leave denied, compared to 9% of white workers. It is clear even within states or organizations that provide some form of paid leave, many Americans are facing very different realities when trying to utilize or understand their paid leave options.

As this was a legal summit, I tackled some of the major questions employers ask about leave surrounding compliance, costs, and leave options if they reside in a state that does not provide PFML. I reviewed some best practices employers can take when developing and evaluating leave policies such as leveraging benchmarks, looking into funding options (e.g. self-insurance, captive insurance, etc.), and utilizing technology and appropriate metrics to evaluate financial impacts. I also noted that different perspectives must be considered when developing leave policies. For instance, employees have different priorities; they are often worried about job security, getting paid and workload upon return when assessing taking paid leave. On the flip side, navigating leave from an employer perspective can be a daunting task when having to traverse FMLA, state laws, ADA/ADAAA, HIPAA, discrimination laws and more; so, it is essential to utilize resources to make sure your company is abiding by all regulatory standpoints.
All in all, I was in great company at the NEHRA legal summit! As per usual, NEHRA hosted some of the leading experts in the field and tackled major topics employers and HR professionals are facing currently. I hope to see many of you again during NEHRA’s 2022 Annual Conference in October.
Featuring research and insights form Spring, check out this article in BenefitsPRO explaining that where federal lawmakers have failed, states and employers have been stepping into the gap.
A Recap of NEEBC’s Beyond the Basics (Level 2) Event
Last week I had the honor of presenting at the New England Employee Benefits Council (NEEBC)’s Health & Welfare: Beyond the Basics (Level 2) event. The event provided great insights into how employers can adapt their corporate culture and provide strong benefits to attract and retain top-tier talent. Sessions focused on the following four critical areas of health and welfare: healthcare, data analytics, lifestyle accounts, and employee absence.

- Healthcare
David Chamberlain from Brown & Brown clarified the difference between health and wellness and steps employers can adopt to promote preventative care. He later dove into the differences and advantages of discount analysis verses repricing and how this all ties into pharmaceutical needs. Finally, he outlined the landscape of Pharmacy Benefit Managers (PBMs) and how new disrupters such as Amazon Pharmacy are able to provide pharmaceutical capabilities for people with and without insurance.
- Data Analytics
Mary Delaney from Vital Incite explored the need for data when developing benefits strategies. She explained how data such as age, gender, medication patterns, likeliness of hospitalization and other indicators are essential when developing a health/medical insurance plan. Lastly, she explains how this data can be collected through employee needs surveys and analyses of national health data trends.
- Lifestyle Accounts
Firstly, Jennifer Aylwin from Vertex Pharmaceuticals gave a short background on lifestyle accounts (LSAs) and how they can appeal to a range of employee needs. Due to the COVID-19 pandemic, many employees are now working in a hybrid or remote setting, and LSAs are a good practice to keep those employees content and engaged. She ended her presentation with an exercise where the audience was able to develop a business case for leadership consideration of LSAs.
- Absence

As for absence management, I had the pleasure of presenting on this topic. I started by exploring some of the benefits of adopting integrated absence management policies, such as reducing administrative costs and fostering a positive corporate culture where employees feel valued. I ended by showing how strong absence policies paired with effective communication of those policies have proven to provide a better experience for employees and greater workplace efficiency.
All in all, it has been great finally being able to see so many familiar faces in person again. As we adjust to a post-pandemic life, it is essential that we implement health and welfare strategies that match the need of employees currently. Keep an eye out for Spring at upcoming NEEBC events here.
As seen in the New England Benefits Council (NEEBC) blog.
We are one year into eligible Massachusetts employees being able to apply for paid leave benefits under the Massachusetts Paid Family and Medical Leave (PFML) program. Although stats for the MA PFML Rookie Year have not been released yet, the first six months were telling:
- Over 53,000 applications, with 23% being denied
- 58% of applications were related to medical leave and the remaining for bonding, given that care for a family member with a serious illness was not yet a covered reason
- Only 18 applications for military exigency leave and 6 applications to care for a service member
- Employees aged 30-39 submitted the most applications (35%) and more than twice as many women applied for leave, compared to men
- Average weekly benefits were $705.98 for family leave and $699.00 for medical leave
- Turnaround times, once the Department of Family and Medical Leave (DFML) received all data including employer responses, took a median of 12 days to make a claim determination
- Average duration of leave was 53 days (57 days for medical leave and 51.5 days for family leave)
- Total benefits paid was equal to about $168 million (about $92 million for medical and $76 million for family leave)
While we await data for season of 2021, let’s dissect the highs and lows and see if MA PFML has a shot at Rookie of the Year!
Let’s start with the highs:
The plan appears to be running at a sustainable level with sufficient funding, indicated by a reduction in contribution rates, which is good for residents of the Commonwealth.
Employers were able to successfully create private plans without significant hurdles in the process, allowing MA firms to continue their history of rich benefit designs without negatively impacting corporate plans.
Massachusetts has been a strong example of early and broad education of the program. Individuals in the state were told about benefits that may be available to them in plenty of time before the program went live, giving them the opportunity to ask questions and better understand what their experience might be in the case they need leave. The state hosted various webinars to different audiences, providing real time information and continuous updates on the status of the program’s launch. The website houses a multitude of helpful information and is continually updated. For questions not answered in these channels, individuals may also call the DFML for benefit questions or the Department of Revenue (DOR) for questions concerning private plans or contributions, and the state is typically always able to answer even in-depth questions.
While the state has had multiple home runs implementing a PFML program, just like evaluating Rookies of the Year like Jonathan India and Kyle Lewis, we need to think of the swing-and-a-miss situations as well. The most significant strike for the MA PFML was their system:
- The system for PFML administration continues to lag with the most significant unexpected deficiency likely related to their inability to handle intermittent leaves which are the most challenging and frustrating for employers.
- Employer access was an obstacle, leaving employers without the ability to “monitor” claims or have insight into the status at a time when COVID claims and time away from work were skyrocketing.
- Another systematic issue was linking contribution with plans. Since contributions are due at the close of the quarter, claims could be reported prior to contributions being paid. Unfortunately, those triggered denials as employers struggled to notify the state, register and swap from private plans to the state plan. Employees were given conflicting information as employers tried to resolve this gap in “coverage.”
Just like anyone’s first year in the pros, our first year with MA PFML threw us curveballs we did not expect, and as a result, we have learned some important lessons. The ever-evolving landscape of PFML laws has put pressure on employers with employees across the country, as they try to meet employee needs while balancing corporate responsibilities and equity. As we all become more seasoned players in this complex game of leave, Spring has outlined some best practices for employers handling PFML:
- State plans should act as guidance for internal company policies. Mimicking a state plan could be restrictive as new programs emerge and existing programs evolve.
- Have a clear understanding of the definition of eligible employees under each statutory and/or federal law. Someone considered an employee in Massachusetts may not be considered an employee in Connecticut (e.g., 1099 contractors).
- All leave policies should be run concurrently, to the extent possible. The Federal Family and Medical Leave Act (FMLA) will generally run concurrently with MA PFML and other PFML laws when an employee meets the eligibility conditions of both plans.
- Private plans offer the most flexibility with plan provisions and aligning leave with other corporate leaves, however state plans seem to be simpler administratively. Carefully weighing these pros and cons is key to developing an adaptive leave program.
The replay we are watching the most, however, is that COVID-19 significantly increased the complexity of such a program. The need for leave has been exacerbated. Difficulty hiring employees has affected employers who must keep up productivity while more employees are away from their jobs, and the state had to administer a new leave program under less-than-ideal conditions. In addition, the tremendous growth of remote work has made it difficult for employers to determine where an employee may be eligible for leave.
Overall, workforces are evolving and regulations at the local, state and federal level need to be continually monitored. As we see benefits become available under new programs, such as CT PFML, and other states pass bills to develop PFML programs, such as New Hampshire and Maine, employers will need to assess their strategies and evolve accordingly.
Spring Consultant Grace Giannattasio offers program highlights one year into eligible Massachusetts employees being able to apply for paid leave benefits under the Massachusetts Paid Family and Medical Leave policy. Check it out in this NEEBC blog post.
Karen English and Teri Weber explain how engagement is a key driver in absence management program success, and offer guidance on how to achieve that engagement in this article published in the Disability Management Employer Coalition (DMEC) Magazine.