This document discusses the importance of having an employee handbook and outlines key policies and topics that should be covered. It notes that an employee handbook helps orient new employees and defines the employment relationship. The document lists minimum requirements for an employee handbook and provides a sample table of contents covering policies on workplace commitments, employment classifications, leave, discipline, health and safety, benefits, and termination. It also discusses common mistakes to avoid in drafting an employee handbook and new topics that should be addressed, such as LGBT rights, smoking and marijuana use, attendance, overtime pay, and data privacy.

1. Is the Best Employee Handbook,
No Handbook?
March, 2016
Presented by:
John E. Markham
Practical Solutions-HR

2. No Employee Handbook means
nothing to defend.
But is that the Goal?

3. No, the purpose of an Employee
Handbook is to orient new employees
with the company.
A good Handbook emphasizes the “at
Will “ nature of employment, company
policies and procedures, employer
rights and expectations and much
more.

4. Employee Handbook minimum Requirements:
1. Employment At Will Disclaimer
2. Equal Employment Opportunity Statement
3. Policy Prohibiting Unlawful Discrimination and Harassment
4. Policy for use of Company Property and Privacy Rules
5. Explanation of Employment Classifications and Overtime Rules
6. Family Medical Leave Policy (50 plus employees)
7. Safety Policies
8. Disciplinary and Termination Guidelines

5. Table of Contents
1. Welcome
• Purpose of Employee Handbook, Employment
Disclaimer, Change Handbook With/Without Notice
• Company History
• Vision/Mission/Values
2. Workplace Commitments
• Equal Opportunity Employment
• Non-Harassment/Non-Discrimination
• Drug Free/Alcohol Free Policy
• Open Door Policy
3. Company Policy and Procedures
• Code of professional Conduct
• Dress Code
• Payday
• Company Property
• Privacy
• Personnel Files

6. Table of Contents (Cont.)
4. Employment Classifications
• Exempt
• Non-Exempt
• Part-time, Full-time or Temporary Status
5. Attendance Policies
• General Attendance
• Tardiness, Leaving Early
• Breaks
6. Leave Policies
• Vacation
• Sick Leave
• Family and Medical Leave (50+)
• Holidays
• Jury Duty
• Voting
• Military Leave
• Leave of Absence

7. Table of Contents(Cont.)
7. Work Performance
• Expectations
• Performance Management/Reviews
• Insubordination
8. Discipline Policy
• Grounds for Disciplinary Action
• Procedures
• Termination
9. Employee Health, Safety and Security
• Workplace Safety
• Workplace Security
• Emergency Procedures
10. Benefits
• Health Insurance
• Retirement
• Workers’ Compensation
• Disability

8. Table of Contents (Cont.)
11. Termination Policies
• Voluntary Termination
• Final Paycheck
• COBRA /Continuation of Benefits Option
• Exit Interview
12. Acknowledgement of Receipt of Handbook
• Employee Sign-off/Copy
• Employer Copy/Personnel File

9. 10 Handbook Mistakes to Avoid
• Creating your own versus using internet
template or copying another company’s
handbook
• Not including all employment related policies
that govern the employee/employer
relationship
• Omitting important disclaimers
• Crafting overly restrictive confidentiality
Social Media policies
• Ineffective Anti-Harassment Policy

10. 10 Handbook Mistakes to Avoid
• Overly restrictive Disciplinary Policy
• Make Employee Handbook user friendly/easy
to read and understand
• Failing to train and retrain all staff
• Applying policies inconsistently
• Keeping Employee Handbook current,
representative of employer intent and legally
defensible

11. New Employee Handbook Subjects
LGBT Rights:
• US Supreme Court decision held that states must permit and
recognize same-sex marriages.
• Recommended Solution: Companies must provide same-sex
married couples the same health and retirement benefits offered
to other wedded individuals.
• Laws are still evolving on lesbian, gay, bisexual and
transgender (LGBT) community.
• Recommended Solution: Express Company intent to treat all
employees equally and fairly regardless of marital status, sexual
orientation or sexual identity.

12. New Employee Handbook Subjects
Smoking and Marijuana Use
• State e-cigarettes like any other tobacco product
are covered under the Smoking Policy. Therefore,
restrict where tobacco can be used.
• State laws on marijuana are in flux. Generally,
marijuana used for recreation and medical
purposes can/will be treated like any other drugs.
Barring consumption at work, employers can
dictate that employees not be under the influence
of alcohol, illegal drugs and legal drugs that impair
them significantly on the job.

13. New Employee Handbook Subjects
Attendance/ADA
• Employers must be careful how they treat
employees requesting a legitimate absence from
work. Family Medical Leave Act (FMLA), if
applicable, American’s with Disabilities Act (ADA)
and PTO/Sick Leave Policies must be considered
when evaluating eligibility for time-off. Make it clear
that workers will not be punished for legitimate
absences.

14. New Employee Handbook Subjects
Employment Classifications/Overtime/Pay Practices
• Federal Labor Standards Act (FLSA) regulations on
Exempt/Non-Exempt regulations are pending.
Evaluation of employee classifications will become
necessary, may result in reclassifications effecting
overtime policies.
• Unauthorized overtime policy will need to be clearly
stated. Specifically, employees may not work overtime
without advanced permission (in writing); make it
clear that nonexempt employees should not access
job-related emails or conduct other business outside
of work that would trigger overtime.

15. Other Employee Handbook Subjects
• Collective Bargaining
• Employees free speech rights are protected
• Social Media and Data Privacy:
• Employees have no right of privacy while accessing social
media at work or on company-owned equipment.
• Reasonable Accommodations:
• State company intention to provide reasonable
accommodations for physical and mental conditions.
• Retaliation:
• Many handbooks say the company will not tolerate
retaliation for employee complaints. In addition, a
company must protect witnesses and others who
participate in an investigation of a retaliation claim.

16. Q & A