Optimizing technology to streamline processes and improve compliance is a hot topic that comes with a hefty price tag. As more employers use technology to streamline absence and disability management processes, they must be strategic to avoid unintended legal consequences.

For example, in 2023 more states have investigated or passed artificial intelligence (AI) legislation than ever before, according to the Electronic Privacy Information Center (EPIC).1 One of these laws, in New York City, has gained national attention because it “blazes a path for AI regulation,” as noted on the EPIC website, which lists state AI laws.1

Use of AI can inadvertently lead to unethical practices, an important issue to watch as AI proliferates in the absence and disability field. Dangers to technology investments made without careful consideration were outlined in the Artificial Intelligence and Algorithmic Fairness Initiative2 launched by the Equal Employment Opportunity Commission (EEOC) in 2021. Recognizing the opportunities to using AI (and other technology), the EEOC released a technical assistance document3 in March 2023 to help prevent algorithms from discriminating against job seekers and workers. A month later, the EEOC chair joined three other federal agency officials in a pledge to “vigorously enforce their collective authorities and to monitor the development and use of automated systems.”

Their goal4 is to “ensure AI does not become a high-tech pathway to discrimination.”

Policy Guardrails

While there are dangers associated with its use, technology — and AI specifically — offers great promise for managers, who are increasingly strapped for time. It can also improve the lives (and experiences) of employees. A recent article5 touts the benefits of using AI to strengthen communication between people with substance use disorders (SUD) and their care teams to improve outcomes. The technology has been customized to recognize signs of relapse. And considering the medical cost of SUD-related diagnoses6 ($15,000 per episode, according to some estimates), this is promising news.

The key is to take a strategic approach that ensures technology streamlines rote processes in ways that benefit all parties. As part of that strategy, employers must create technology policies that outline appropriate use and prevent the introduction of unintended bias. There is room for improvement here. A 2023 employer survey published by Littler7 shows that one in five employers is “engaged in sophisticated management practices, such as testing AI tools for potential bias, compliance, and other risk factors.”

We know that technology has great promise when the right tool is selected, teams are prepared for implementation, reasonable (and shared) goals are identified, and technology policies are followed. While these caveats are admittedly not sexy, they are essential for success. When employers do not research options, compare tools, and check references to ensure tech jargon translates to meaningful solutions, technology investments fall short of their potential.8

Optimization

Time is of the essence for employees seeking leave, and technology can deliver answers to “what-if” questions when, where, and how employees need them. Consider the time savings to a system that delivers answers to commonly asked questions, such as:

  • How much and when will I be paid?
  • How much time am I eligible to take?
  • What is my balance of time available?
  • Is the time job protected?
  • Did you receive all my paperwork?
  • Was my claim approved?
    • If not, what information is required?
    • What do I need to do next?
  • When can I return to work?
  • Are modified duties available for my role?

Some employees will not ask about modified duties, but imagine a technology platform that recognizes an employee’s role and offers suggestions and information, such as “Here are some modified job duties for your role that could help you return to work sooner, which can be helpful to your recovery process.”

Some platforms allow employers to go one step further with automated reminders for certifications and medical documentation and the distribution of return-to-work messaging at the appropriate time. One absence and disability management leader who attended the 2023 DMEC Annual Conference said her organization uses AI and bots to communicate with employees on leave and handle recurring requests. And with 1,000 to 1,200 employees from her organization out on leave on a daily basis, help reducing redundancy is welcome. The tools “engineer away brainless work” so the team can focus on employee interactions, she explained.

The truth is that all employers — even those with 20 open cases — could benefit from this kind of assistance! Automation is especially valuable when you consider the number of dedicated and designated staff members (one to three) who handle leave for hundreds or hundreds of thousands of employees. And these team members may also juggle other duties.9

Strategic Investments

In an ideal world, AI-enabled technology platforms learn different options for layers of time off and schedules (and communicate) payment details to keep everyone in the loop. In addition to time savings, technology that expedites information collection and dissemination can shorten the turnaround for employee leave approvals, which means getting paid faster. And that can enhance employee experience.

In essence, technology facilitates and communicates a cradle-to-grave approach to leave using updated information about laws in relevant counties, cities, and states, as well as employer policies based on employment status (full and part time, exempt, nonexempt, union, etc.). Tracking these disparate components to compliance enables absence and disability managers to provide a human touch when it matters most.

Technology also should enable employers to mine data from human resources information systems (HRIS) to identify patterns that can, when used effectively, reveal vulnerabilities. For example, technology enabled absence management professionals at the University of Pittsburgh Medical Center10 to improve employee health and engagement in ways that saved almost $2,000 per episode.

Turning data into actionable information can help identify absence and disability trends they might be able to influence, such as psychosocial hazards that can lead to or exacerbate mental health issues. Using data to understand absence and disability trends within the workplace can empower employers to create and maintain healthful work environments, a topic we will explore during the 2024 DMEC Virtual Mental Health Conference, Jan. 23-25.

As the industry continues to evolve with hundreds of leave laws that vary by county, city, and state, technology becomes an increasingly important tool for employers of all sizes in all industries. The question is what is the best use of technology within the absence and disability management realm? And how do we harness its power to streamline processes that support employees while ensuring compliance with disability laws? It is intriguing to read about AI tools that help enhance communication between providers by flagging nuances that may otherwise have been overlooked by a person, who is multitasking and may miss clues that someone is at risk of relapse or simply needs help. Selecting technology solutions that complement people and provide managers with the information they need to intervene at the right times will help employees stay at work and return to work as soon as possible.

How do we accomplish that goal? In 2024, DMEC will convene a think tank focused on the use of AI in disability and absence management. Our goal is to bring together a diverse group of experts to develop recommendations for responsible application in our field. Stay tuned for more information.

References
  1. Electronic Privacy Information Center. The State of State AI Laws: 2023. Aug. 3. 2023. Retrieved from https://epic.org/the-state-of-state-ai-laws-2023/#:~:text=CPRA%20amends%20the%20California%20Consumer,use%20of%20sensitive%20personal%20information.&text=The%20CPA%20gives%20consumers%20the,in%20furtherance%20of%20automated%20decisions
  2. Equal Employment Opportunity Commission. Artificial Intelligence and Algorithmic Fairness Initiative. Retrieved from https://www.eeoc.gov/ai
  3. Equal Employment Opportunity Commission. EEOC Releases New Resource on Artificial Intelligence and Title VII. May 18, 2023. Retrieved from https://www.eeoc.gov/newsroom/eeoc-releases-new-resource-artificial-intelligence-and-title-vii
  4. Equal Employment Opportunity Commission. EEOC Chair Burrows Joins DOJ, CFPB, and FTC Officials to Release Joint Statement on Artificial Intelligence (AI) and Automated Systems. Apr. 25, 2023. Retrieved from https://www.eeoc.gov/newsroom/eeoc-chair-burrows-joins-doj-cfpb-and-ftc-officials-release-joint-statement-artificial
  5. Behavioral Health Business. How AI Brings the Human Element to SUD Treatment While Saving Time. Oct. 6, 2023. Retrieved from https://bhbusiness.com/2023/10/06/how-ai-brings-the-human-element-to-sud-treatment-while-saving-time/?euid=24ce8c938a&utm_source=bhb-newsletter&utm_medium=email&utm_campaign=1eedbddcf1&mc_cid=1eedbddcf1&mc_eid=24ce8c938a
  6. JAMA Network. Medical Costs of Substance Use Disorders in the US Employer-Sponsored Insurance Population. Jan. 24, 2023. Retrieved from https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2800719#:~:text=The%20estimated%20cost%20of%20any,had%20comorbid%20alcohol%20use%20disorder
  7. Littler. AI in the Workplace: A Littler Survey Report. September 2023. Retrieved from https://www.littler.com/files/2023_littler_ai_employer_survey_report.pdf
  8. DMEC. Tips to Master HR Tech and Capitalize on Data. Feb. 23, 2023. Retrieved from https://player.captivate.fm/episode/591fdc35-8334-4a55-a7e6-0e4ab3a0976a
  9. DMEC. 2021 DMEC Employer Leave Management Survey. Retrieved from https://dmec.org/wp-content/uploads/2021-DMEC-Employer-Leave-Management-Survey-White-Paper.pdf
  10. DMEC. Reimagining Employee Health Pays Off. Oct. 27, 2022. Retrieved from https://player.captivate.fm/episode/df4aeaf4-6e08-4b21-97be-011a06314322
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