Do I Need an Employee Handbook for My Business?

If you have more than 3 or 4 employees, you should seriously consider adopting an employee handbook.  An employee handbook can be an effective mechanism for setting the culture of your business and limiting your business’ liability exposure.  

An employee handbook offers you the opportunity to answer common employee questions and address issues before they arise.  Your employee handbook can be used by managers and supervisors as reference book so they act in a consistent and reasonable manner when dealing with employee issues.  Your employee handbook can also contain a code of ethics for employee behavior, while setting forth employee performance expectations and award requirements.  And your employee handbook can be used as a tool to remind your employees of all the compensation and benefit programs they enjoy as a result of their employment with your company.

There are certain things that should be in all employee handbooks.  At a minimum your employee handbook should generally explain to employees your policies and procedures governing “at will” employment, normal work hours, overtime pay, sexual harassment and non-discrimination policy, alcohol and drug policy, maternity leave, dress code, and use of computers, email, social media and internet for personal matters.

You should avoid putting legalese and references to statutes and code sections in your employee handbook.  The employees often won’t understand what these references mean, and you can set a trap for yourself.  For example, the Family and Medical Leave Act (“FMLA”) allows eligible employees to up to 12 weeks off work during a 12 month period because the employee or his or her family member has a serious health condition, gives birth, adopts a child, or has any qualifying emergency related to the military.  FMLA does not apply to your business unless you employ 50 or more employees within a 75 mile radius.  But if your employee handbook says you comply with FMLA, you can be compelled to comply even if you otherwise would not be required to.  

Before creating an employee handbook it is wise to seek advice from a qualified employment law attorney.  We can help you if you want to create or review an employee handbook.  Please call or email if we can assist you in any way with your employee handbook  at  Jsenney@pselaw.com or 937-223-1130.  And thanks for sending a copy of SenneySays to your friends.   

AND ONE MORE THING.     Social media enables people to communicate via the internet to share resources.    The National Labor Relations Board has issued a report regarding the protected nature of employees' Facebook, Twitter and YouTube postings. This report is a guide not only for Union employers, but also non-Union employers.  Attorney Matt Stokely of PS&E has written the following article summarizing this NLRB Report.   Give him a call at 937-223-1130 to discuss any aspect of social media postings by employees.

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