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HR MATTERS E-TIPS
THIS WEEK'S E-TIP: Why Written HR Policies Limit Liability (Part 2 of 2)
February 7, 2006, Volume 8, No. 6
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
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THIS WEEK'S E-TIP: Why Written HR Policies Limit Liability (Part 2 of
2)
Well-written policies are one of your best defenses against employment
law claims. Find out which policies should be in your handbooks and
manuals. |
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^^^^^^^^^^^^^^^^^^^^^^^^^^^ From Your E-Tips Editors ^^^^^^^^^^^^^^^^^^^^^^^^^^^^ |
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THIS WEEK'S E-TIP: Why Written HR Policies Limit Liability (Part
2 of 2)
Last
week's E-Tips argued the case for why writing and updating your
employment policies should be a top priority. You learned why
written
policies are important, who needs to have them, and how to make sure
they do not create a contract that you must follow. This week,
you'll find
out the difference between
supervisory manuals and
employee
handbooks and which policies every employer should have.
1. What is the difference between a supervisory policy manual and
an
employee handbook? Which should we have?
A supervisory policy manual generally is intended as a guide for
managers and supervisors and contains information that they need to
implement the organization's policies. Thus, a supervisory policy
usually
provides a general statement of policy followed by several comments
that instruct managers how to apply that policy.
In contrast, an employee handbook is designed for broad distribution
to
all employees. It is typically intended to provide general
information
about the organization's practices, benefits, hours of work, pay
policies,
and work rules. It usually does not include information about
supervisory
procedures.
At a minimum, you should have an employee handbook that explains
your policies to employees. Many organizations, especially as
they
grow, also have a supervisory policy manual to ensure that their
managers understand how to implement the policies. As a practical
matter, having supervisory instructions may be especially prudent in
today's legal climate where any inconsistent application of policy
can
result in a discrimination claim.
2. What policies should we include?
In choosing policies to include, you should consider the following
points:
-- The culture of your organization and its recurring issues or
problems;
-- Any memos on policy topics (such as vacation and holiday
schedules) and past practices (i.e., what you have done in the past
to
address a particular employee relations issue); and
-- The HR practices followed by other organizations in your
industry (such as vacation lengths and leave allowances).
Most employers develop policies on the following topics:
- at-will employment,
- equal employment opportunity,
- sexual and other forms of harassment,
- pay procedures,
- benefits (including any paid vacation, sick leave, and
holidays,
and other forms of leave),
- meal and rest breaks,
- personal conduct (work rules),
- attendance and punctuality,
- use of communications systems (including the proper use of
telephones,
computers, e-mail, and Internet access),
- disciplinary procedures, and
- termination.
In addition, many employers include policies on performance
appraisals,
smoking, safety procedures, appropriate dress and appearance, and
drug and alcohol use.
Remember, your policies should be considered dynamic, not static.
You
may need to add to them, revise them, and even delete them as your
organization grows and changes.
* Is the Job Ever Done? *
Even when you're finished drafting or updating your policies, your
job is
not complete. The policies should be reviewed by your legal counsel
to
ensure that they comply with state and federal employment law before
they are finalized and distributed to employees. Further, you should
review the policies on a regular basis to make sure they continue to
comply with applicable law and the needs of your organization. New
laws, regulations, and court cases can affect both policy language
and
how you implement the policies.
Most experts suggest a thorough review of your policies at least
once a
year and the use of a notification service or publication to keep
you
posted during the interim. Finally, when policies are introduced or
revised, you should distribute and thoroughly explain them to all
employees.
Clearly written policies that are regularly reviewed can be both an
effective employee relations tool and a good defense against
employee
lawsuits. In contrast, policies that are poorly drafted or applied
can have
exactly the opposite effect. They can lower morale and become
evidence against you in court. The key question, therefore, becomes
not
whether to have written policies at all, but whether you are willing
to
invest the necessary amount of time and effort to make sure they are
carefully drafted and properly applied. |
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^^^^^^^^^^^^^^^^^^^^^^^^^^^ From Your
E-Tips Editors ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ |
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Don't Worry ... Add "The HR Policy Bible" to Your Toolkit
See first-hand how the Personnel Policy Manual service will quickly
become your most trusted business partner. Request a 30-day
risk-free
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Subscribers to the Personnel
Policy Manual and HR Policy
Answers on
CD can find more information about
at-will employment in Employment-
At-Will, Chapter 106.
If you don't have the manual, but would like to order a trial
review, go to:
http://www.ppspublishers.com/service1.htm
Or just give us a call toll-free at 1-800-437-3735.
Or if you would like to buy the above
individual policies only, go to:
Holidays policy:
http://www.hrpolicyanswers.com/xstore/catalog/
Salary Administration:
http://www.hrpolicyanswers.com/xstore/catalog/
Or if you would like to buy the above individual policies
Or just give us a call toll-free at 1-800-437-3735. |
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HR Compliance
Resources ^^^^^^^^^^^^^^^^^^^^^^^^^^^ |
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HR professionals have relied on Personnel Policy Service policy and
compliance products since 1972. If you're looking for practical
solutions to employment-related problems, we can help.
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800-437-3735.
HR
Policy Answers on CD - searchable database of policies,
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HR Matters Newsletter - HR trends, policy analysis, Q&A
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Instant HR Policies - customize and update employee
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Information provided in HR Matters E-Tips is researched and reviewed
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encouraged to seek appropriate legal or other professional advice.
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