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Navigating the Handbook

Policy Lifecycle
Six Steps to Succeed in Your Policy Journey
Navigating the Handbook
Policy Lifecycle
Six Steps to Succeed in Your Policy Journey

Author: XpertHR Editorial Team

Your company’s employee handbook (or collection of


individual employee policies) is a critical resource that
serves many important purposes: it promotes fairness
and consistency across the organization, reinforces your
company’s culture, informs employees and supervisors
of their rights and responsibilities, and, critically,
demonstrates compliance with employment laws
and regulations.

Yet your handbook is only effective if it is up to date.


Consider it a “living” document that is continuously
updated to reflect changes in law and evolving
workplace trends. If outdated, a handbook could not
only damage employee morale and engagement but
increase the risk of liability and litigation.

To help minimize these risks, here are six key steps


to help you succeed at handbook policy lifecycle
management and ensure your handbook stays relevant
and legally compliant.

February 2024 www.xperthr.com


Navigating the Handbook Policy Lifecycle:
Six Steps to Succeed in Your Policy Journey

Determine Whether a Written


Policy is Required
When considering if you should have a written policy on
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a particular topic, issue or law, first determine if a policy
is legally required. In addition to federal employment
The chart below provides an overview of the policies
that are required by law to be included in a handbook
if you have one. The chart only includes states and
law requirements, you’ll need to identify the state and localities that have these requirements. The list is
local employment laws that are effective in jurisdictions current as of January 2024, but it is critical to stay
where you have physical operations and where remote informed of developments that impact your handbook.
employees are physically located and their work is Further details regarding employer coverage and
being performed. Not including a policy when required requirements can be found in XpertHR’s Required
to do so can expose an employer to litigation and Employee Handbook Policies by State and
reputational risk. Municipality 50-state chart.

Jurisdiction Employee Handbook Statement

Federal • Family and Medical Leave

• Lactation Accommodation
• Family Care and Medical Leave [5-49 Employees]
California
• Family and Medical Leave [50+ Employees]
• Pregnancy and Pregnancy-Related Disabilities Leave and Accommodation

• Family Friendly Workplace


California • Lactation Accommodation
(San Francisco) • Supplemental Compensation for Military Leave
• Supplemental Compensation for New Child Bonding [20+ Employees]

• Acknowledgement of Receipt of Colorado Overtime and Minimum Pay Standards


Colorado
(COMPS Order #38)

February 2024 www.xperthr.com


Navigating the Handbook Policy Lifecycle:
Six Steps to Succeed in Your Policy Journey

Jurisdiction Employee Handbook Statement

District of • Family and Medical Leave [20-49 Employees]


Columbia • Family and Medical Leave [50+ Employees]

• Equal Employment Opportunity


• Paid Leave for All Workers Act Notice Handbook Addendum
Illinois • Religious Accommodation
• Sexual and Other Unlawful Harassment
• Pregnancy Accommodation

Illinois
• Paid Leave Notice Handbook Addendum
(Cook County)

Maryland • Pregnancy Accommodation

Maryland
• Lactation Accommodation
(Baltimore)

Michigan • Social Security Number Privacy

• Pregnancy and Lactation Accommodation Notice Handbook Addendum


Minnesota • Sick and Safe Time Notice of Employee Rights Handbook Addendum
• Wage Disclosure Protection

Minnesota
• Sick and Safe Leave Notice of Employee Rights Handbook Addendum
(Bloomington)

Minnesota • Sick and Safe Time [1-5 Employees; Accrual Method]


(Minneapolis) • Sick and Safe Time [6+ Employees; Accrual Method]

Minnesota • Minimum Wage Rights


(St.Paul) • Paid Sick and Safe Time [Accrual Method]

February 2024 www.xperthr.com


Navigating the Handbook Policy Lifecycle:
Six Steps to Succeed in Your Policy Journey

Jurisdiction Employee Handbook Statement

• Airborne Infectious Disease Exposure Prevention Plan


New York
• Paid Family Leave Benefits

• Wage Theft Notice


Pennsylvania
• Sick Time [1-9 Employees, Excluding Chain Establishments]
(Philadelphia)
• Paid Sick Time [10+ Employees, Employees Working in Chain Establishments]

Tennessee • Parental Leave

Utah • Accommodations for Pregnancy, Childbirth, Breastfeeding or Related Conditions

• Pregnancy Accommodation
Virginia
• Reasonable Accommodations for Individuals with Disabilities

Even if you don’t have a handbook, there are still compliance with the underlying law (e.g., EEO, meal
several laws that require employers to create, adopt, breaks, voting leave).
develop or maintain a policy. For instance, while not
required to include in a handbook, Chicago's Human You may also be considering adding a handbook
Rights Ordinance requires that all employers whose policy that addresses current workforce trends, such
employees work in Chicago have a written policy as remote work, or that helps your organization stay
prohibiting sexual harassment. Therefore, it is equally competitive, such as tuition reimbursement or paid
crucial to consider these laws as well, when making volunteer time. Including such policies is a way to keep
policy decisions. and attract employees, respond to employees’ needs
and promote the company’s values.
Other policies may not be legally required in the
handbook, but you may opt to include them to inform Before drafting any of these policies, HR may need
employees of their rights and to demonstrate company buy-in from various stakeholders, especially for the
policies that are not legally required.

February 2024 www.xperthr.com


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Navigating the Handbook Policy Lifecycle:

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Six Steps to Succeed in Your Policy Journey

Draft a Handbook Policy

Once HR receives the approval to create the policy, such as Aptifore. As part of the process, HR may need
they may draft it entirely on their own, with the to collaborate and obtain feedback and approval from
input of internal or external legal counsel, or using a various stakeholders across the business.

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technology-based handbook maintenance solution,

Distribute the Handbook Policy

All of the efforts put in to creating the policy will be


for nothing if you don’t distribute it to your workforce
and ensure they read it. Distribute the new policy via
email, in paper format, by posting on the company
Intranet or in a physical location in the workplace where
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The method and timing of distribution may also
depend on specific legal requirements. For instance,
the Baltimore, Maryland, lactation accommodation
law requires that covered employers distribute a
written policy to: 1) new employees at the time of hire;
employees will see it. In addition, HR and stakeholders 2) existing employees within 10 calendar days of any
will need to decide how to distribute new and updated modification to the policy; and 3) any employee who

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policies, either compiled within an employee handbook requires or inquires about pregnancy or parental leave.
or distributed individually.

Obtain Acknowledgement

Ensure that employees sign a written To ensure receipt of employee acknowledgments,


acknowledgment that they received, read clearly communicate acknowledgment deadlines,
and understand the handbook policy. The develop a system to track receipt of employee
acknowledgement serves a couple purposes acknowledgements and create follow up
First, it sends a signal to the employee that the communications if necessary.
organization takes each handbook policy seriously.
Second, an acknowledgement will come in handy Retain signed acknowledgements either in the
when an employer needs to enforce any of the employee’s file or through an online system. Be sure
policy’s provisions. An employee who signed an to follow any specific recordkeeping requirements that
acknowledgment and is facing a violation will have a apply to electronic signatures.
hard time claiming to be unaware of the policy or the
consequences for having violated it.

February 2024 www.xperthr.com


Navigating the Handbook Policy Lifecycle:
Six Steps to Succeed in Your Policy Journey

Train Supervisors

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It is critical to train supervisors on policies and • Legal requirements and the potential consequences
procedures, especially any newly added policies, so if they or the organization fails to comply; and
that they do not unknowingly create liability for the • HR’s role and when to notify HR of any situation that
organization or personal liability for themselves for may trigger the company’s legal obligations so that
certain employment law violations. issues can be addressed effectively and in a timely
Avoid these issues by training supervisors on: manner.
• Policies providing employee benefits, rights and Overall, training supervisors on company policies is
protections; necessary to ensure that the policies are uniformly
• Their role in carrying out the organization’s policies; and consistently applied and enforced across the
organization. Doing so is critical to avoiding claims of
• How to effectively communicate new or changed
discrimination or unequal treatment.
company policies and procedures to their team
members;

Ongoing Review of Policies

Handbooks should be living documents that keep Organizational Changes


employees informed of their rights and protections and When employers hire in new locations or expand
company expectations. To that end, ongoing review is physical operations, they must ensure that their
needed to determine if revisions, additions or removals handbook is updated to include policies covering
are needed. These changes may be prompted by: employment laws in those new jurisdictions. When the
Legal Developments workforce expands, the more legal developments must
be tracked to determine if their policies need to be
Just consider that in 2023 there more than 60 legal
updated to reflect these changes.
developments on the federal, state and local level that
could impact the employee handbook by requiring Workforce Trends
an update to a policy, the need for a new policy or the As part of an ongoing review of the handbook, ensure
removal of a policy. For multistate employers, staying policies reflect current and emerging workplace trends.
on top of these developments can be particularly Language, tone and content should send the message
challenging, and many look to handbook policy that each policy is important and that the company is
solutions that notify you when a legal development keeping up with the times. This could include removing
impacts their organization’s policies. gender-specific references from policies (e.g., replace

February 2024 www.xperthr.com


Navigating the Handbook Policy Lifecycle:
Six Steps to Succeed in Your Policy Journey

“he/she” with “they”) or drafting a policy providing does not end here. Policy distribution, employee
clear guidelines for the consistent and responsible acknowledgments and training are other key
use of AI in the workplace. components. Even after these steps, effective policies
require HR to keep a pulse on all of the legal and
You don’t want to raise any red flags to employees workplace changes that may prompt the creation,
that the company is not interested in investing in and update and removal of policies. And then the cycle
supporting their workers or creating a positive work starts again.
experience.
Policy management is an ongoing task that when
Conclusion done correctly can help prevent and serve as a
defense against employee lawsuits, convey workplace
While the handbook policy lifecycle starts by
rules and guidelines to employees and supervisors,
determining which policies to include, it certainly
and lift an employer’s brand and reputation.

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