Employment Law
Employee Handbook
Preparing and Revising your Workplace Policies and Procedures
Now is a good time to review your personnel manuals and workplace policies. As you do, remember the adage: "No good deed goes unpunished."
It is always wise, as human resource professionals typically advise, to focus on good human relations to breed employee loyalty and productivity. However, employee manuals and personnel policies can be unexpected traps for employers and must be carefully drafted to communicate the employer's intentions, to make employees aware of the benefits to which they are entitled (without "puffing") and to accomplish basic communication of the ground rules for employment.
As you work on your personnel manual or review your current policy and procedure handbook, the following areas deserve attention and discussion:
1. The PURPOSE of the handbook should be set forth clearly and without negatively impacting upon grievance or termination policies.
2. The COMPANY PHILOSOPHY should be concisely stated and avoid overlap with equal employment opportunity policies, anti-harassment policies, or termination and grievance procedures.
3. Review the EQUAL EMPLOYMENT OPPORTUNITY statement to ensure that it complies with Federal, State and local laws.
4. Your section on EMPLOYEE CLASSIFICATION should be direct and should avoid unnecessary discussion of payroll policies and other areas of compensation, such as vacation and sick leave, which are set forth elsewhere in the handbook.
5. When reviewing the JOB EVALUATION or PERFORMANCE EVALUATION process, steer clear of promises for specific evaluation dates that cannot be met, and implied promises that evaluations always signal a salary review.
6. Some handbooks still address "Probationary Periods" for new employees and up to date policy manuals address INITIAL REVIEW PERIODS for new employees and employees that have changed positions. Make sure that your policy does not contain outdated language that is inconsistent with the employment-at-will presumptions in Illinois.
7. Policies that address PAY PRACTICES should focus upon HOURS OF WORK, PAYMENT OF WAGES, EXPENSES, USE OF COMPENSATORY TIME "if applicable", and PAYROLL PROCEDURES.
8. Carefully review your policy manuals for discussion of OTHER EMPLOYEE BENEFITS to ensure compliance with current laws and to avoid misinformation or miscommunication of current policies. Review VACATION POLICY statements, LEAVE OF ABSENCE policies, SICK LEAVE policies, FUNERAL LEAVE policies, DISCRETIONARY DAYS or PERSONAL DAYS, HEALTH, DENTAL and OTHER INSURANCE BENEFITS, and other benefit programs.
9. Review your policy manual for up-to-date enforcement of CONFIDENTIALLY and TRADE SECRET, NON-COMPETE, and NON-SOLICITATION policies.
10. Consider the historical implementation of TERMINATION and DISCIPLINARY policies. Do these policies comport with the employment-at-will status of employees under Illinois law?
11. It may be time to review or implement a SUBSTANCE ABUSE policy, but with careful consideration for the implications of such a policy under the AMERICANS WITH DISABILITIES ACT and other laws.
12. Have you addressed JURY DUTY?
13. Have you addressed use of LOCKER ROOMS, DESK FACILITIES, and COMPUTER USE with regard to privacy and inspection issues?
14. Do you have an ACCIDENT REPORTING policy?
15. Does your policy manual address MILITARY LEAVE?
These are but a few of the many considerations that are required for review and proper update of personnel policies and statements.
Some employers might benefit from a simple and concise policy statement, without reference to numerous benefit plans and procedures.
Your business, your workforce, your ability to implement your policy manual, and cost will all be factors that will be taken into consideration in the development and evaluation of your personnel policies.
Please call upon us if you have any questions or would like to discuss your personnel policy issues with an attorney.
This article is intended to highlight areas of interest for our clients and others. It is not intended to be legal advice and it is not a substitute for advice and consultation with your lawyer.