
A Winter Message to Our Clients from Our Senior Vice President
David Smith, JD REBC, Senior Vice President of Employee Benefits
As February gets underway, I’m reminded how much this month can feel like a bridge professionally and personally. We’re still in the thick of winter, but we can also sense spring waiting just around the corner. Depending on where you live around the country, that might mean snow and ice on the ground, grey skies, or the occasional school closing or virtual day.
This time of year, we set big goals for the first quarter, make lists, and feel ready to tackle it all – and then the colder mornings and shorter days have a way of slowing the pace, leaving many of those tasks undone by March’s end. I think the absence of the brilliant sun makes it tougher to ‘get things done’ but we keep moving forward!
You’ll see a few changes in the months ahead as eBen continues its integration into Brown & Brown. Some updates will be simple – like email address changes – and some more impactful — like new material and resources to bring to the table as part of a larger organization. I’m sure there will be others that come up as a natural part of the ongoing process of learning about how each of us does business and how we can best work together to serve the interests of our clients.
Above all, this transition won’t change what matters most: our commitment to you. Our team is here, the work continues without disruption — a very important element of this process — and we are grateful to be your partner. I’m looking forward to what’s ahead and to continuing to serve you in the months to come.
Warm Regards,
David
Stop Loss Carriers: Key Factors for Self-Funded Plans

Self-funded plans offer control but carry financial risk. Stop-loss insurance caps liability once claims exceed the deductible. When selecting a carrier, prioritize financial stability to ensure claims are paid. Look for added value, such as predictive analytics and drug management. A long-term partnership with an experienced carrier offers stability amidst market changes. Secure your organization’s financial health with the right partner.
Medigap Birthday Rules: Annual Chance to Switch Plans

Changing Medigap plans is often hard due to medical underwriting. However, the “Medicare birthday rule” offers a solution in certain states. This rule provides an annual window around your birthday to switch plans without a health screening, often to a plan with equal or lower benefits. States like CA, OR, and now DE and IN (2026) have adopted this. Reviewing your plan annually during this window can save money and ensure optimal coverage.
2026 State PFML & Paid Leave: Key Employer Updates

On Jan 1, 2026, major leave changes take effect. DE and MN launch PFML benefits, while CO and RI expand coverage rules. WA enhances job protections. New paid and unpaid leave mandates also take effect in CT, IL, NH, and beyond. Later this year, ME benefits begin, and NYC updates its rules. Employers must review policies, update payroll systems, and train HR teams now to ensure full compliance across all these affected jurisdictions.
DOL Update: FMLA Travel, School Closures & Calculations

Recent DOL opinion letters clarify FMLA rules. Travel time for medical appointments is now explicitly covered, without requiring provider estimates. For school closures of fewer than a week, FMLA leave is not deducted unless the employee takes the entire week. Intermittent leave calculations for shift workers must include mandatory overtime but exclude voluntary hours. Employers should update policies to align with this new guidance immediately.



