Your employee handbook is an opportunity to align expectations, improve communication, and minimize risk and misunderstandings. We recommend you review your handbook every year to make sure it is still accurate and to add any revisions based on new laws or regulations. Depending on legal updates, though, it is possible you will have to make changes more than annually to ensure you are up to date.
In this article:
Must-have policies
We recommend including the following policies in your employee handbook. Remember, if your local or state law is stricter than the federal law, your organization needs to comply with the stricter law. You’ll also need to comply with state laws in any state where your employees work.
Equal Employment Opportunity
This policy displays your compliance with federal and state civil rights laws that prohibit discrimination on the basis of race, color, religion, sex, national origin, disability, and age.
Disability Accommodations
The Americans with Disabilities Act (ADA) covers employers with 15 or more employees. It’s important to have a policy that speaks to employees who may need a reasonable accommodation to perform essential duties of their job due to a disability. Outline what the employee should do to initiate the process of determining what accommodation they might need. Doing so displays a commitment by your organization to comply with the ADA.
Harassment
Sexual harassment is prohibited in all employment settings. Harassment based on a protected class (race, color, religion, gender, national origin, disability, and age) is also prohibited. In certain states or municipalities, sexual orientation and gender identity is also protected. Employers need to make sure policies are specific enough to include different forms of harassment, such as written, verbal, physical, etc.
Drug Free Workplace and/or Drug Testing
Define substance use, which substances and behaviors are prohibited, and when your drug-free workplace policy applies (for example, does it apply only during work hours?). Include information about what will happen if an employee violates the policy. If you require employees to complete drug tests, explain how the testing will be conducted and what will happen if an employee tests positive.
Social Media
Start by making it clear what your goal is with your social media policy; for example, to provide clear and consistent communications, protect trade secrets, intellectual property, etc. Include a note that individual employees speaking out on social media are not authorized to speak on behalf of the company. You cannot prohibit employees from discussing wages, benefits, or other terms and conditions of employment on social media as it violates the National Labor Relations Act.
Family and Medical Leave Act
If you have more than 50 employees, you’re required to abide by the Family and Medical Leave Act (FMLA). This provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. The employees may take this leave for the birth and care of their newborn child, adopting or fostering a child, caring for an immediate family member with a serious health condition, or taking medical leave when they are unable to work due to a serious health condition.
Military Family Leave
FMLA also has provisions related to military family leave. If you’re an immediate family member of a deployed servicemember, qualifying exigency leave allows you to take up to 12 work weeks of FMLA leave to address the issues created by this major life change, like making day care arrangements for the military member’s children or attending official military ceremonies. You may also be entitled to take up to 26 work weeks of unpaid leave during a 12-month period to care for your military relative if they have a serious injury or illness.
Safety and Health
Safety and health conditions in most private industries are regulated by the Occupational Safety and Health Administration (OSHA). In your handbook, explain your commitment to employees’ safety and health, what you do to promote safety and health, and what happens if employees do not follow the policies and procedures outlined in the handbook.
General Rules and Regulations
Stating in writing what behavior is and is not allowable in your workplace is important. It helps both the organization and employees understand what behavior should be addressed with corrective discipline.
Outline the process followed for disciplinary action and how multiple infractions could lead to termination of employment. It is best not to be overly specific about all behaviors that will result in discipline, though. Include a clause that the policy does not cover every possible act of misconduct and is only a guide for proper behavior.
Make it engaging
It’s not all about policies! A legally compliant handbook won’t do you much good if no one reads it. Make sure it’s a relevant, engaging, and fun read for your employees. It should be a reflection of your company culture and unique qualities to your organization.
Keep it Short
If your handbook is 50+ pages long, important information is going to get lost. Include only the most relevant pieces of information that employees need to digest. Focus on the essentials and consider making less critical policies available elsewhere (like a company intranet).
Add Graphics and Colors
Add some visual effects to increase readability and ease of understanding. For example, you might include pictures to illustrate appropriate vs. inappropriate work attire. Make the handbook reflect your organization’s brand by including brand colors and imagery.
Reflect Your Culture
Unless you work in a law firm, formal language and legalese likely don’t reflect your culture. Try to make your employee handbook sound conversational – it may make your employees feel like they’re working at a friendlier place.
Need help creating, reviewing, or revising your employee handbook? Learn more about our consulting services here! Or send us a message here, and we’ll guide you to the right path.