HR Trends

What should employers know about federal COVID-19 vaccine and testing mandates, after the January 13 Supreme Court ruling? Legal expert Ellen McCann walks HR listeners through the current status of the three federal mandates and what employers should do now to ensure a safe workplace.

Background: The three federal mandates. They are (1) the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) or private employer mandate, (2) the Centers for Medicare & Medicaid Services (CMS) or health care worker mandate, and (3) the federal contractor mandate. All three have been tied up in litigation. On January 13, the Supreme Court weighed in on the private employer and health care worker mandates. [1:19]

What does the Supreme Court ruling mean for the private employer mandate? For now the ETS is paused, which means OSHA cannot enforce it. It is not actually struck down, although the Supreme Court’s reasoning suggests that it may eventually be declared unconstitutional. [3:27]

What does this mean for employers? Employers who are only subject to the ETS have a little bit of breathing room as OSHA cannot enforce this mandate for now. The Supreme Court ruling does not prevent employers from instituting their own vaccine or test requirements. Employers should work with their legal counsel to see if they are subject to any state or local laws requiring or preventing implementation of their own program to keep employees safe at work. [5:25]

What happened with the health care worker mandate? The Supreme Court lifted the stay on this mandate, meaning most health care workers are now required to get vaccinated before coming to their workplace. The deadlines have been moved for workers in states where the healthcare mandate had previously been stayed. [8:44]

What can employers do to handle the complexity of this new HR burden? The pandemic in general and the vaccine mandate have created a record level of complexity for HR teams. Technology solutions like Unum Vaccine Verifier™ can help. Vaccine Verifier is designed to address the most complex aspects of vaccine-or-test mandates in that it not only provides a way to track vaccine status and testing compliance, it helps guide employers through the sensitive process of managing exemption requests. [10:31]

Finally, where does the federal contractor mandate stand? This mandate was stayed earlier in lower courts, so employers will need to wait and see whether it ever takes effect. But again, the stay doesn’t stop employers from adopting their own policies to protect their employees at work. Unum Vaccine Verifier and other technology solutions are available to help organize and enforce whatever policies employers have, while keeping all documentation in one secure place. [13:47]

Where should employers focus in the coming weeks, now that the Supreme Court has ruled? Sit down with your counsel and senior leaders and decide how you want to show up for your employees. What’s your corporate philosophy and culture about keeping your workplace safe and helping employees feel comfortable coming back to the work site, if that’s your goal. Also, as we saw on January 13, rules can change in a minute, so use your counsel to help you stay up to date and make sure they are on board with any policy you adopt. [14:55]

Featured speaker

Ellen McCann
Assistant Vice President, Unum Group Solutions

Ellen McCann is an acclaimed national speaker on leave management issues including FMLA and ADA. She is also a certified trainer for SHRM and CE credit. In her current role, Ellen serves as a leading expert in applying benefits and benefits technology to power modern solutions to more effective employee leave programs, stronger regulatory compliance and enhanced digital HR transformation.

To ring in the new year, CEOs from the American Psychological Association and MaineHealth join host Clare Morin to discuss why investing in behavioral health in 2022 is not just good for your employees but also good for your business. 

Key Takeaways

The psychological fallout of the pandemic has only just begun. The pandemic unleashed a tsunami of stress that will continue to be felt even once COVID-19 is gone. (3:50)

This is a long-term project for employers. Military studies have shown that people who experience traumatic events often don’t show signs of stress and anxiety until 18 months after the event had taken place. (5:40) “This is going to go on for years.” (7:00)

Behavioral health is a huge factor in retention. Employees who report feeling stressed at work are three times more likely to look for other jobs than those who do not report feeling stressed. (8:00)

Leaders should set the tone. It’s important for leaders to create space for employees to seek help by sharing their own struggles and showing vulnerability. (10:25)

Make resources easy to find. For resources to be effective, employees must be able to use them. Ensure they are accessible, intuitive, and ideally available on demand. (12:00)

Early intervention saves lives and money. Mental health is a continuum and it’s more humane and more cost-effective to intervene before an employee is in crisis. (13:15)

Ensure employees feel heard when making major decisions. Mental health problems are often caused by a feeling of a lack of control. Giving employees choices and input into decisions reduces stress. (14:40)

Showing care can help employers compete. “It’s a huge strategic opportunity for employers to demonstrate genuine and authentic caring as a retention, as a recruitment, as a development opportunity,” says Dr. Andrew Mueller, CEO of MaineHealth. (18:40)

This crisis is manageable. “If we create work environments that are supportive of mental health, making sure they have access to services when they need them, it can make all the difference for your employees,” says Dr. Evans. (20:15)

Featured speakers: 

Arthur Evans, Jr., PhD
Chief Executive Officer and Executive Vice President, American Psychological Association 

Dr. Arthur Evans is CEO of the American Psychological Association, the leading scientific and professional organization representing psychology in the U.S. With over 122,000 researchers, educators, clinicians, consultants and students as members, APA promotes and disseminates psychological knowledge to benefit society and improve lives – a mission consistent with Dr. Evans’ life work. 

Andrew T. Mueller, MD
Chief Executive Officer, MaineHealth

Andrew Mueller, MD, is CEO of MaineHealth, a not-for-profit integrated health system consisting of nine local hospital systems, a comprehensive behavioral healthcare network, diagnostic services, home health agencies, and 1,700 employed and independent physicians. With more than 22,000 employees, MaineHealth is the largest health system in northern New England and provides preventive care, diagnosis and treatment to 1.1 million residents in Maine and New Hampshire. 

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Webinar
Building a behavioral health strategy for the new world of work

November 4, 2021

Thought leaders from the American Psychological Association, MaineHealth and Unum discuss the current state of employee mental health, and key elements for a strong behavioral health strategy for 2022 and beyond.

As a follow-up to Episode 34 on the federal vaccine mandate, Unum employment law and compliance expert Ellen McCann joins guest host Nate Smith with updates for employers on OSHA’s most recent guidance, outlining what employers need to know, what clarifications occurred with OSHA’s guidance and important timelines to consider.* 

-        Employers with 100 or more employees will need to choose which route to take. Under OSHA’s Emergency Temporary Standard, employers can choose between requiring 1) All employees to be vaccinated 2) Employees to choose between weekly testing or full vaccination.  [3:15] 

-        The mandate plan has several components that relate to different type of employees. For example, employees who work exclusively from home will not be subject to this mandate. In this case, they will need to be tested before coming into the workplace. [4:58] 

-        These new requirements are set to go into effect in the near future. OSHA has published a chart on their website that shows compliance dates and requirements. [7:05] 

-        No matter which route employers take, precise record-keeping will be critical. Supportive solutions will help employers manage the complex requirements, from proof of vaccination status to testing results to vaccination exemptions. [8:41]

-        The right technology solution can help employers.  Systems like Unum Vaccine Verifier make it easy for employers to maintain an accurate, up-to-date vaccination and test result roster in one place. [15:43]

-        How do recent court rulings impact employers? The 5th Circuit Court of Appeals has issued an injunction, halting the mandate for the time-being. Be on the lookout for more information as the case proceeds. [19:24]

-        Additional resources: How the federal vaccine mandate may affect employers. 

*Currently subject to a temporary stay by the 5th Circuit Court of Appeals.  

Featured Speaker 

Ellen McCann

Assistant Vice President of Unum Solutions

Ellen McCann has expertise in leave management, specifically the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). As Assistant Vice President, Unum Solutions, she combines more than 30 years of employment law experience with practical knowledge of the complexities of leave and accommodation management to create solutions that help employers manage the complex leave process. Currently, she supports Total Leave, Unum’s digital leave management solution, and Unum Vaccine Verifier, a simple, secure way to verify vaccination status, manage exemptions and manage COVID testing compliance.

Previously, Ellen worked in the Employment Law Group, providing support to Unum’s Absence Management Center and advised Human Resources on employment-related legal issues for more than 20 years. She worked at Davis, Malm & D’Agostine law firm in Boston prior to joining Unum. She is also a certified trainer for the Society for Human Resources Management (SHRM).

Enrollment season is upon us – and perhaps has never been more important. There is an increased demand for better benefits, and an enrollment experience that integrates innovative technology with authentic, individualized and human connection. In this episode, HR technology and enrollment experts share their top recommendations, including:  

• Personalized benefits are trending. Steve Boese shares insights from his role as Program Chair of the HR Technology Conference. Organizations should prioritize employee development, skill identification and an enriched career path. [2:00] 
• There must be a balance between technology and human interaction. A successful enrollment season will need to include innovative ways to connect with individual employees. [5:24] 
• There are generational differences in benefits enrollment needs and preferences. Millennials, now ranging in age from 25-40, have been challenged by the pandemic more than any other age demographic. [6:45] 
• Benefits are top of mind. A recent survey found that 8 in 10 employers believe the pandemic has made employees more aware of available benefits. [8:00] 
•  To make a real difference in the employee experience, education is key. A robust benefits offering is ineffective if employees are not well-informed. [11:28]
• Today’s employees expect varied benefits education methods. Survey results show value in both online and in-person enrollment support. [13:03]
• Expect new enrollment this year. Data shows that 80% of employees will seek out enrollment opportunities that they hadn’t engaged with in the past. [13:30]
• Use benefits to support recruitment and retention. The tight labor market and increased employee interest should encourage all employers to prioritize promoting the current benefits offering. [18:28] 
• Additional resources: Webinar, Enrollment strategies for the new world of work. 

Featured Speakers 

 Steve Boese, HR Technology Conference Co-Chair, H3 HR Advisors

Steve Boese is the Program Chair and host of the HR Technology Conference, the leading global event for the HR Technology Industry, and a technology columnist for Human Resource Executive Magazine.  Additionally, Steve Co-founded H3 HR Advisors Inc., and is a frequent author and speaker on Human Resources, HR Technology, and the workplace. He created and co-hosts the popular podcast the “HR Happy Hour Show”, which is the most downloaded Human Resources podcast since its inception in 2009. 

Marilyn Miller, Chief People Officer, Anaplan 

Marilyn Miller is the Chief People Officer (CPO) of Anaplan. Prior to Anaplan, Marilyn was the CPO at Alfresco Software. Marilyn also was the Chief Human Resources Officer at Quotient Technology and held senior leadership positions at URS/AECOM, BMC Software, and Cisco Systems. Marilyn holds a B.S. in political science and government from the University of Iowa and completed course work for her M.A. in labor and industrial relations from the University of Minnesota.

Julie Schwetz, Assistant Vice President, Product Manager, Unum 

Julie Schwetz has worked in various product leadership, change management, and operational effectiveness roles since joining Unum in 2018. She currently oversees digital transformation efforts related to enrollment and engagement of the insured, their employers, and brokers alike. Prior to joining Unum, Julie served 13 years in the U.S. Army as a logistician in numerous stateside assignments and deployments to Iraq and Afghanistan. Her last military assignment was at West Point where she led core higher education functions.

The President’s vaccine mandate

Employment law and compliance expert Ellen McCann explores what we know about the President’s vaccine mandate so far. She discusses which employees are covered, how the mandate will be implemented, prospects for litigation and what it all means for employers.

The pandemic continues to disrupt daily lives as the Delta variant of COVID-19 sweeps through the country. The rate of stress-related disorders has also started to rise again amid ongoing unpredictability. In this episode, we speak to two behavioral health experts on how employers can best support employees this fall.

• Employers play a vital role in supporting employee mental health. Providing support may look different in hybrid and remote working situations, but it’s all the more important and in even greater demand. [5:00]  
• Clear communication is key. Studies show that one of the largest sources of stress is unpredictability. Clarity, patience and flexibility are critical in these times. [7:35]
• Make resources easy to find. It can be stressful for employees to have to search for support. Streamline mental health resources in one central hub to support employees, rather than overwhelm. [9:37]
• The pandemic has accelerated virtual access. With the rise of digital access, care and support can be accessed at almost any time from nearly any location with no drive-time required. [11:10] 
• Create a culture of trust. Provide a safe place for people to open up and be vulnerable about what they’re feeling to promote understanding and enhance team building. [13:42] 
• Leaders set the tone. Prioritize executive education so that employees are encouraged to access resources by seeing examples and role models among the leadership. [15:57]
• We remain in challenging times: all hands on deck are needed. Resources like Mental Health First Aidempower employees to become advocates for organizational wellbeing. [17:20] 
• Additional resources: Webinar, Supporting behavioral health at work.

Featured Speakers 

 Kerry Ressler
M.D., Ph.D., Chief Scientific Officer, McLean Hospital and Professor, Harvard Medical School 

Kerry J. Ressler, M.D., Ph.D., focuses on translational research, bridging molecular neurobiology in animal models with human genetic and epigenetic research on emotion, particularly fear and anxiety disorders. He has published over 300 manuscripts, ranging from genetic basic molecular mechanisms of fear processing to understanding how emotion is encoded in the brain across animal models and human patients.

Swapnil Prabha
Vice President, Digital Offerings, Unum

With 15 years of experience in the insurance industry, Swapnil is the Vice President of Digital Offerings at Unum. Prior to joining Unum, Swapnil spent seven years at McKinsey & Company where she was a leader in the Insurance Practice, focused on Digital Services across all lines of business and Employee Benefits specifically.

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Harnessing employee engagement to support mental health 

May 26, 2021 

This informative article breaks down how employers can help employees get the help they need. 

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Event
Ask the legal experts: Revisiting COVID-19, paid leave and the ADA   

May 20, 2021 

In this event organized by Human Resource Executive (HRE), thought leaders discuss top-of-mind issues facing employers. 

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Tech is transforming every aspect of today’s business world, and this now includes leave and absence management. In this episode, two of Unum’s top leave experts discuss how innovations have and will continue to fundamentally transform the employee and employer experience.  

• A perfect storm for today’s HR teams. Changing conditions have been building around HR complexities, leading to a need for digital transformation. [2:15] 
• Navigating the growing complexities. With 65% of calls being claim or leave related at Unum, it’s clear this is a top priority for employees and clients alike. This sheer volume and complexity of requests is across the board in the industry. [3:30]  
• Demand for the real-time support everyone expects. Technological advancements keep employees and HR teams on the same page. [5:17] 
• Employer goals for leave are changing. Trends in leave and absence management are evolving from solely compliance-centered to recruitment- and retention-focused. [6:45]
• A state-of-the-art and modern ecosystem is needed. Multiple capabilities must be integrated and automated to better meet the needs of HR and employees. [8:30]
• Additional resources: Webinar, How tech is transforming leave management.

Featured Speakers 

Zory Harter
Vice President, Absence Management Experience, Unum

For more than 12 years, Zory Harter has been one of the most impactful operational leaders at Unum. She joined the organization to lead the voluntary benefits and bilingual team in the call center — and has since served a variety of leadership roles. Her contributions to the operations design for Unum’s newest leave offering, Total Leave, saw her driving considerable operational transformations with new technology, processes and techniques to deliver a digital-first absence management service to employees and HR administrators. Zory continues to lead absence management teams across the organization by furthering Unum’s operational digital transformation and delivering an improved digital customer experience in the leave and absence space.

Susan Stowell
Vice President, Absence Management Offering, Unum

Susan Stowell drives the strategic vision for new enhancements to Unum’s leave and absence portfolio, guiding investments that improve the user experience with a modern, digital toolset. In this role, Susan interacts with customers across the United States in helping to solve their greatest leave management pain points and driving their strategic vision and digital intelligence. Previously, Susan led Unum’s Workforce Solutions consulting team, positively impacting customers’ experiences with unplanned absences. She has also worked extensively in healthcare.

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The future of leave guide 

This guide gives employers the tools they need to innovate and streamline to create a future-forward leave and absence management strategy.
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Best practices for managing intermittent leave
July 21, 2021 

Three national experts share their insights to help HR teams address the ongoing challenges of intermittent leave and give employers the tools they need to transform their existing intermittent leave plan.
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As we move into a tight labor market in the second half of 2021, organizations will need a strong employee benefits messaging strategy to recruit and retain talent. However, for this strategy to work, organizations must educate their workforce about their benefits offering. 

In this podcast episode, Chris Bernadine, Sr., Chief Enrollment Officer at Meridio, and Rob Quell, a Vice President at Colonial Life, discuss the importance of year-round benefits education and provide tactical tips for employers to maintain benefits communications throughout the year.

• The correlation between retention and employee satisfaction. Current data shows the direct connection between how well companies are educating employees on benefits to overall employee satisfaction and retention levels. [01:58]
• Employee benefits is a recruitment and retention technique. We look at the top three reasons why employees choose to work for an employer and why they stay. [03:38]
• Take a year-round approach to benefits education. For most organizations, enrollment happens during the fourth quarter, with benefits education squeezed into that short period before open enrollment. However, organizations that communicate to employees throughout the year tend to be more successful with their benefits strategy. [05:02]
• Major life changes and events. Individual circumstances and lives are constantly changing. Employers need to remind employees to re-evaluate their benefits selection and those parts with time sensitivity during life events. [11:25]
• Six tips for year-round benefits communication. Best practices and tactical tips for employers to improve benefits education.  [14:03]
• Additional resources: SHRM webinar, The power of benefits education all year round.  

 Christopher Bernardine Sr.
Chief Enrollment Officer, Meridio 

Chris is the current Chief Enrollment Officer of Meridio, a benefit communication software and enrollment company that specializes in working with associations, insurance agencies, business consultants and carriers. In this role, he oversees the operations and enrollment of the business. Chris has over 30 years of dedicated experience in benefit communication and employee benefits. 

 
Rob Quell
Vice President of Broker and Special Market Development, Colonial Life

Rob is the Vice President, Broker and Special Market Development for Colonial Life.  In this role, Rob is responsible for leading an organization focused on developing and executing strategies to offer insurance products and enrollment services in partnership with brokers to their employer clients.  His team also works with Colonial Life’s largest and most complex clients to evaluate the strategic use of benefits programs to achieve their business objectives, as well as specialization in key industry segments including public sector.  Rob has previously held roles in Large Employer Sales, Enrollment Technology, IT Portfolio Management, Underwriting, and Claims.  He has a bachelor’s degree in mathematics from Vanderbilt University and an MBA in International Business from the Darla Moore School of Business (University of South Carolina).  He is a Fellow of the Life Management Institute (FLMI) and Associate of Life and Health Claims (ALHC).

Unum employment law experts Daris Freeman and Tamika Newson join Clare Morin in the HR Trends studio to update employers on legal considerations for leave, the Americans With Disabilities Act (ADA) and other issues as employees begin returning to offices and worksites after the pandemic.

• Challenges from rise of remote/hybrid work: 
  • Most leave laws don’t address the complexities of remote or hybrid work. With more people working away from the company’s physical location, employers are struggling to determine which leave laws apply to which employees. Some states have provided clear guidance, while others have not. Checking with your legal counsel is the wisest course of action for making correct, consistent decisions. (1:30)
  • With workers scattered to different cities, states and even countries since the beginning of the pandemic, it’s even more important for leave administrators to ensure that employee information is up to date. They also need to put clear parameters around their policies — most will not want to administer leave for workers living in foreign countries, for example. (5:00)
• ADA and vaccinations:
  • Employers who decide to mandate vaccinations may face ADA discrimination claims from those who aren’t vaccinated. On the other hand, vaccinated employees may not feel safe returning to work with unvaccinated co-workers and may have claims of their own. (6:30)
  • Guidance on this issue is evolving daily, so employers should stay engaged to be sure they are following the latest regulations. (8:19)
  • Note: After this podcast was recorded, the Equal Employment Opportunity Commission (EEOC) issued new guidance reaffirming that federal equal employment opportunity laws do not prohibit employers from requiring or incentivizing vaccination, provided they comply with ADA and other accommodation provisions.
• Return to work best practices:
  • To help employees feel safe, employers can implement in-work accommodations such as mask requirements and six-foot spacing between desks. The Centers for Disease Control (CDC) and Occupational Safety and Health Administration (OSHA) have outlined some guidance in this area. (8:50)
  • Temporary work from home can also be considered an accommodation, but be sure the basis for requiring a return to the workplace is clear. Also revisit relevant job descriptions to make clear that being in the workplace is an essential job function. Consistent practices are important. (9:58)
  • For positions that transition to permanent work from home, formal standards for remote work should be implemented, such as requiring that employees have a dedicated workspace free of distractions. (11:05)

Featured speakers

Daris Freeman
Assistant Vice President and Legal Counsel, Unum's Employment Law Group

As Assistant Vice President, Legal Counsel for Unum, Daris’ primary responsibility is to support Unum’s Absence Management Center which administers FMLA, paid leave, ADA and over 200 complementary state laws. 

Tamika Newson
Assistant Vice President and Legal Counsel, Unum's Employment Law Group

Tamika Newson joined Unum after 22 years of employment law counseling and litigation as a Partner in several large law firms. Prior to joining Unum, she litigated employment matters nationwide. 

Listen in as Dr. Philip Levendusky of the world-renowned McLean Hospital joins Unum’s Swapnil Prabha, to discuss the worsening mental health crisis in the U.S. and how innovative employer behavioral health programs can help remove the barriers to care.

• A continuing trend. Mental health issues have been on the rise for the past five years.  [2:18]
• Gen Z suffering most. People aged 18 to 24 accounted for 56% of those reporting symptoms of anxiety disorder and/or depressive disorders during the pandemic. [8:21]
• Access is major difficulty. Inpatient psychological treatment, in short supply before the pandemic, reached critical scarcity, with some young people spending as much as seven days in the emergency room waiting to be admitted. [13:17]
• Stigma is continuing barrier. Employers need to take the weight off of the people in their organizations by making it clear that needing and seeking help is OK. [14:10]
• Digital benefits can help solve for access. By directing people with less serious issues to digital and self-help tools, innovative behavioral health programs can help with demand management. [16:30]
• Employer advocacy is critical. From training to policies to making sure behavioral health providers are transparent and accountable, employers have a big role to play in helping employees take advantage of the behavioral health benefits offered at work. [18:00]
• Returning to the workplace. Returning to work will have issues of its own, which employers can combat with clear communications, small steps and promotion of resources to help.  [19:45]
• Additional resources: Webinar, Supporting behavioral health at work.

<Previous episode

Featured speakers

Dr. Philip Levendusky

Director of Psychology, McLean Hospital; Associate Professor of Psychology, Harvard Medical School 

For more than three decades, Dr. Philip Levendusky has directed and/or developed more than 30 cutting-edge clinical programs at McLean Hospital. He is recognized nationally and internationally as a pioneer of integrated cognitive-behavioral treatment systems for persons with serious mental illness. In addition, he has inspired a generation of students to achieve excellence in the pursuit of their professional careers.

Swapnil Prabha

Vice President, Digital Offerings, Unum

With 15 years of experience in the insurance industry, Swapnil is the Vice President of Digital Offerings at Unum. 

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