As a business owner or manager, you know the importance of putting policies in place. It is essential to provide your employees with the rules and regulations that govern your company. You also need to ensure that everyone understands the expectations of their position in the business. An employee handbook is a resource for both employers and employees. Employers must make sure that the handbook includes all the legal requirements in order to protect the company from potential risk.
What Legally Needs to Be in an Employee Handbook?
Employee handbooks must comply with both state and federal legal requirements. In Wisconsin, the employee handbook must include information about these specific policies:
- Equal Employment Opportunity
- Meal and Rest Breaks for Minor Employees
- Family and Medical Leave
- Jury Duty Leave
- Witness Duty Leave
- Voting Leave
- Organ Donor Leave
- Civil Air Patrol Leave
- Day of Rest Law
- Election Official Leave
- Firefighter and Medical Services Responder Leave
As an employer, you should familiarize yourself with the laws regarding these issues so you can include them in your policy manual. Some of these issues are relevant only for companies with a specific number of employees. As your company expands, you may need to review and revise your policy manual to comply with the law.
To comply with federal employee handbook policies, you must make sure to include information about these issues:
- Americans with Disabilities Act (ADA)
- Family Medical Leave Act (FMLA)
- Jury Duty Leave
- Military Service Leave
- Anti-Discrimination Policy
- Religious Accommodation Policy
- Sexual Harassment Policy
- Lactation Accommodation Policy
It is important to note that there is some overlap between the Wisconsin and federal legal requirements. Your employee handbook must comply with both state and federal law. Also, there are many other policies that you may wish to include in your handbook, although they are not legally required.
What is a Company’s Legal Responsibility Regarding Policy Manuals and Employee Handbooks?
Neither Wisconsin nor federal law requires a company to have an employee handbook. However, if you choose to have one, it must include the policy areas as required by law. Because Wisconsin is an “at-will” employment state, it is critical that employers make certain that the employee handbook is not considered a contract. Although a handbook is not a legal requirement, it can provide employers with some essential benefits.
A well-written employee handbook can be a useful tool in defining expectations and requirements for employment. It offers guidance that helps employees in their daily performance. The handbook allows for better communication between the employer and employees. Importantly, the handbook helps legally protect employers because of the consistency and written policies that it provides.
Seek Legal Guidance
An employee handbook is only useful when it follows the law and is properly written. If not adequately researched, the handbook could make things more confusing, especially if there are mistakes or omissions. The more detailed a handbook is, the better it will be. It is also essential that management understands and utilizes the handbook in a consistent manner. Updating an employee handbook is always necessary, and employers need to make the handbook part of the onboarding process.
Whether you are creating a new employee handbook or updating an old one, you will benefit from legal guidance. An experienced attorney will help make sure that your handbook properly follows the current state and federal laws. To learn more, contact us at Moen Sheehan Meyer, LTD. at (608) 784-8310 or online to schedule a consultation.