Employee handbooks are valuable resources in the workplace. In addition to outlining a company’s mission, values and benefits, a handbook also contains policies and procedures that govern the working relationship between employers and employees. But with ever-evolving employment laws and regulations, it’s important that organizations review their handbook annually and update it with compliant content to limit their liability.
Here are five things to remember as you refresh your handbook for 2020:
• One shoe does not fit all: A handbook must be tailored to your unique workplace. Not only should the tone reflect your company’s culture, but the policies and procedures must be relevant to workers. That may mean you can omit certain material from a “standard” handbook if it doesn’t apply. And, depending on your company, you may not want to commit to a policy that can’t be enforced or is overly rigid or unrealistic. To gauge what’s reasonable, it may help to solicit feedback from employees when updating your handbook.
• Do as I say – and do: In many workplaces, conflicting practices are rampant. A handbook can help eliminate them to reduce your risk. Start by determining which policies exist and create ones that don’t. Where necessary, use general language that affords you some wiggle room to avoid violations, such as, “Generally, we will attempt to review your performance on an annual basis” instead of, “You will receive an annual performance review.” And then compare your handbook content with other company documents and in-person practices to ensure consistency.
• Too much can be more than enough: Before you include a policy, make sure you actually need it. If you do, be sure to write to the level of the entire employee population. That means keeping the language short and simple. While some employment laws might make brevity a challenge, it’s still important to try to make the content easy to understand and avoid overly legalistic language.
• A contract is a contract: A handbook is not a contract, and it’s important to eliminate any language in your handbook that could be perceived as creating rights that are contrary to an employment-at-will relationship. So avoid terms such as “probationary” or “permanent” and exclude binding noncompetition, confidentiality and arbitration agreements.
• Use the common catch-all: When updating a handbook, it’s important to remember that sometimes federal and state laws differ, especially around topics such as family leave, payment upon termination and weapons in the workplace. The best way to ensure conformance is to use the phrase “unless otherwise required by state law” when applicable.
A handbook is not a substitute for good practices. Policies are meaningless if they’re not backed by support and enforcement from management. Once you update your handbook, make sure to train managers and supervisors on the changes.
Karyn Rhodes is the vice president and director at Complete HR Solutions, a division of Complete Payroll Solutions, which has more than 10 locations throughout New England.
