Handbooks: Better Safe Than Sorry

Top Six Must-Have Handbook Topics for 2021

The start of the year is a good time for employers to review their handbooks and ensure policies are updated with the latest employment and labor law developments. Notably, the COVID-19 pandemic may have prompted changes to employers’ remote-work, paid-leave and other policies. Our team has outlined the six major changes we see being updated in handbooks for 2021.

  1. Remote-Work Rules

For many companies, the COVID-19 pandemic forced employees to work remotely for the first time. Whether you are in the office or continuing to work from home, it is important to have policies in place for when the unexpected happens. Your handbook should address the expectations and security protocols for your remote workers. As the workforce continues to operate with some employees working in-office and some working offsite, some aspects to consider when developing your remote-work policies include setting general expectations such as having set work hours or continuing to follow office policies while offsite. Virtual meetings have become a staple during the pandemic, and including a set of virtual meeting expectations can only aid in developing your remote-work policy.

  1. Leave Mandates

In 2020, the federal Families First Coronavirus Response Act (FFCRA) provided paid leave for certain workers who had COVID-19 or whose children’s schools or child care providers were closed due to the pandemic. Although FFCRA’s paid-leave requirements expired at the end of 2020, a new coronavirus relief package extended the refundable employer payroll tax credit for paid sick and family leave through March 2021. Policies surrounding leave mandates have several rules, and they continue to change, so this topic is important to keep your eye on.

  1. Health and Safety Guidelines

Keeping workers safe and healthy has always been a priority for employers, but with the pandemic, a new layer of responsibility was put on employers. OSHA released COVID-19 specific guidelines for limiting workers’ exposure and safety risks in the workplace. These standards from OSHA, as well as from state and local agencies, should be considered when implementing a safety policy during a pandemic.

In addition, a well-crafted communicable diseases policy is encouraged. This includes how the employer will make decisions involving people who have communicable diseases in the workplace considering the following factors: current and well-informed medical judgments concerning the disease; the risks of transmitting the illness; the symptoms and special circumstances of each individual who has a communicable disease; and a careful weighing of the identified risks and the available alternative for responding to an employee with a communicable disease.

If your company has not already implemented safety protocols, we encourage you to be familiar with the elements of the new guidance and consider them and the policies that assist in following safety and health requirements.

Physical Distancing: Place distance markers to remind employees how far apart they should be when interacting.

Staggered Work Shifts: Consider alternate work schedules for departments that aid in limiting the amount of physical interaction between co-workers and lessening the spread of the virus.

Wearing Masks: Employers should provide all workers with face coverings unless their work requires a respirator.

Revised Flow of Workspace: If applicable, consider rearranging your office set up to enable proper social distancing between employees.

Sanitation Stations: These stations can be set up throughout the office and carry PPE supplies, as well as cleaning materials to maintain a clean work environment, where employees feel safe.

  1. Anti-Discrimination Policies

Another policy that we have seen gain momentous traction in updating is the company’s anti-discrimination policy. This is a policy that not only appears in 99% of handbooks but is most likely one of the first policies in the table of contents. This is because of the importance and the weight this policy carries in the workplace. It sets the tone for the company’s rhetoric and should provide employees with a sense of safety.

Not only should your policy make clear your company prohibits discrimination on the basis of race, color, religion, national origin, sex, age, and disability, it should also have a clear reporting scheme – requiring immediate reports and identifying who employees should report to if the person they are accusing of discrimination or harassment is the person they would ordinarily report to.

Your policy should also have a no retaliation provision for good faith reports of discrimination or harassment. Many times, the good faith requirement is missing pretty frequently, and it’s important to add because if your investigation reveals that someone has made a report to get back at a co-worker for something said in the lunchroom the day before, then you can’t discipline because your policy says no retaliation for any reports.

  1. Drug-Testing Programs

States continue to legalize medical and recreational marijuana. These laws don’t allow workers to be under the influence on the job, but some laws may limit employers’ disciplinary options and provide employment protection for off-duty use. It’s important to be observant of which states allow what level of legalization, if any at all.

  1. Minimum Wage Increases

Minimum wage continues to be on the minds of everyone, especially with the onset of the pandemic and the rise of unemployment rates. Each state differs in its minimum wage requirement, so it’s vital to take note of what your state requires and whether it is set to increase in the coming years. While conversation about raising the federal rate is ongoing, 29 states have already mandated minimum wage rates higher than the federal level. Continuing to be observant of the changing laws will be beneficial to business owners and help them remain compliant.

While not all legislative changes may apply directly to your business, they are often required to be placed in the handbook regardless. In addition, we find that minor culture shifts occur throughout the year in each company so looking at dress code, code of conduct, inclement weather and other subjective policies is also beneficial. Disability leave, arbitration agreements, and medical marijuana are all subject to ongoing legal discussions and reviews, which may mean that additional handbook updates are a part of your future.

Danielle Bearden is a dynamic HR professional, serving as the director of human resources at Lever1, planning, developing and directing the administration of all HR functions within the Lever1 Human Resources Department. She has over 15 years of experience in all areas of human resources including strategic planning, total rewards, performance management, employee wellness and safety, HR compliance and labor relations.