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Employee Handbook Guide for Small Businesses

How to Create an Employee Handbook for a Small Business

An employee handbook explains workplace expectations, gives employees a consistent source of information and helps managers apply company policies fairly.

It should reflect the business’s actual practices rather than repeat a generic template. Before publication, every policy should be reviewed against current federal, state and local laws.

A handbook should also state that it provides a general policy overview and is not an employment contract or guarantee of employment for a specific period, subject to applicable law.

Essential Employee Handbook Policies

A practical small business handbook should address the following areas.

Employment Relationship

Explain the purpose of the handbook, the company’s ability to revise policies and whether employment is at will.
At-will language must be reviewed carefully because state requirements vary, and an overly broad disclaimer may conflict with other employee rights.

Equal Employment and Anti-Harassment

Include policies covering:

  • Equal employment opportunity
  • Non-discrimination
  • Reasonable accommodation
  • Harassment and sexual harassment
  • A clear complaint procedure
  • An alternative reporting contact
  • Prompt investigations
  • Protection against retaliation

Federal discrimination laws apply at different employee thresholds, while state and local laws may cover smaller businesses or additional protected classes. The EEOC provides a current small-business coverage guide.

Pay and Employment Classification

Describe:

  • Pay periods and payment methods
  • Exempt and non-exempt classifications
  • Overtime authorization and payment
  • Timekeeping requirements
  • Full-time, part-time and temporary status
  • Procedures for reporting payroll errors

A policy cannot eliminate the obligation to pay employees for compensable time, even when overtime was not authorized in advance.

Attendance and Leave

Explain work schedules, attendance, tardiness, meal periods, rest breaks and procedures for requesting time off.
Include only leave policies that apply to the business and location, such as:

  • Vacation or paid time off
  • Paid sick leave
  • Family and medical leave
  • Jury-duty leave
  • Voting leave
  • Military leave
  • Other protected state or local leave

Private-sector FMLA coverage generally begins at 50 employees, with additional eligibility conditions. Covered employers also have specific notice obligations, according to the Department of Labor.

Workplace Conduct and Company Property

Set reasonable expectations for:

  • Professional conduct
  • Dress and safety equipment
  • Drugs and alcohol
  • Company computers, phones and vehicles
  • Confidential information
  • Cybersecurity
  • Personnel records and privacy
  • Social media
  • Conflicts of interest

Social media and confidentiality policies should not prohibit employees from discussing wages, working conditions or engaging in other legally protected activity.

Safety and Emergency Procedures

Explain how employees should report:

  • Workplace hazards
  • Injuries and illnesses
  • Threats or suspicious activity
  • Vehicle accidents
  • Emergencies

Identify the appropriate contact person, emergency exits and any required protective equipment. Industry-specific OSHA programs may need separate written policies.

Performance, Discipline and Termination

Describe general performance expectations and possible grounds for discipline without promising one rigid procedure in every case.
An overly detailed progressive-discipline policy can create risk if managers do not follow every stated step consistently.
The termination section should address:

  • Notice of resignation
  • Return of company property
  • Final payroll
  • Benefits continuation
  • Exit interviews
  • Protection of confidential information

Final-paycheck timing and permitted deductions vary significantly by state.

Benefits

Provide only a brief description of offered benefits and eligibility. Formal plan documents should control if they conflict with the handbook.
Potential benefits include health insurance, retirement plans, workers’ compensation and disability coverage.

Customize the Handbook Before Using It

A model handbook should never be distributed without revision. Employers should:

  • Replace every placeholder
  • Remove benefits and policies the business does not offer
  • Match policies to actual workplace practices
  • Identify responsible managers and reporting contacts
  • Add applicable state and local requirements
  • Confirm employee-count thresholds
  • Review wage, leave, privacy and final-pay rules
  • Translate policies when necessary
  • Make the handbook accessible to employees with disabilities

Businesses operating in multiple states may need state-specific supplements.

Avoid Common Employee Handbook Mistakes

The most common risks include:

  • Copying an outdated template
  • Promising procedures managers do not consistently follow
  • Using an overbroad confidentiality or social media policy
  • Misclassifying employees as exempt
  • Omitting state-required sick leave or other protected leave
  • Describing benefits differently from formal plan documents
  • Making unlawful deductions from final wages
  • Failing to provide an alternative harassment-reporting channel
  • Treating the handbook as a substitute for manager training
  • Failing to document employee receipt

Policies should be reviewed by an employment attorney familiar with the states and localities where employees work.

Distribute, Acknowledge and Update the Handbook

Provide every employee with the current handbook and obtain a signed or electronic acknowledgment confirming receipt and responsibility for reading it.

The acknowledgment should not require employees to waive legal rights. Keep the employer’s copy in the personnel record.

Review the handbook at least annually and whenever employment laws, benefits or company practices change. Document the effective date and communicate material revisions to employees.

Key Takeaways

A useful employee handbook is clear, concise and tailored to the business. It should explain employee rights, company expectations, reporting procedures, pay practices, leave, safety, discipline, benefits and separation from employment.

The handbook must accurately reflect what the company does. Consistent enforcement, manager training and regular legal review are just as important as the written policies.