Why You Need an Employee Handbook in 2021

2020 has thrown the way we work for a loop in every sense of the word.  So many of our policies and procedures have changed due to law mandates and safety concerns, and now, more than ever, an Employee Handbook is a critical tool to keep everyone on the same page. 

If you are questioning if your company even needs a handbook— the answer is, YES (and the sooner, the better). Follow our best practices to understand the benefits of using an Employee Handbook, and use our guide to what should be in it.  

Why does my small business need an Employee Handbook?

A handbook is essentially an agreement between an employer and employee that clearly defines the expectations and responsibilities of both parties. And it helps keep you, the employer, out of legal trouble. Because, believe it or not, employees enjoy knowing what is expected of them, and their peers. With clear policies in place, you are more likely to avoid workplace disputes, unhappy employees, and potential lawsuits.

Here’s an example: You hire your first employee. Everything is going great but then they start to trickle in a little later each day. But, it’s only one person, and they’re getting their work done, so you let it slide. 

Now, you have 13 employees, and 8 of them are frequently late. So, you decide to let the ones hired most recently go.

• Problem 1 with this scenario: It was never communicated to any employees that tardiness was grounds for termination, and it certainly wasn’t acknowledged in writing. 

• Problem 2: Your disgruntled terminated workers could claim wrongful termination or discrimination, resulting in a lawsuit.

What to Include in Your 2021 Employee Handbook

In addition to the standard information that belongs in an Employee Handbook, make sure your organization covers some of the newer topics that have been impacted during 2020. Information covering COVID-19 legislation, Work from Home, Time-off and Travel will be extremely useful in keeping you and your team on the same page into 2021. 

COVID-19 Legislation Guidelines

Realistically, there should have been numerous handbook updates made to align with all of the employment laws implemented throughout 2020. However, if you didn’t get around to it there is no better time than the end of the year to review and revise. 

FFCRA is still on track to expire on December 30, 2020, but as we’ve experienced, nothing is set in stone during these times. Be sure to check your state and local legislation for COVID-19 related orders that could affect your business. For example, California recently passed a law expanding the California Family Rights Act to apply to more small businesses. Effective January 1, 2021, employers with five or more employees will be required to provide up to 12-weeks of unpaid time off each year for family and medical leave.

Work from Home Guidelines

Many of us pivoted to remote work so quickly that the policies we had in place may not have kept up. Here are some points to consider when revising your handbook:

• Work from home eligibility.
  First and foremost, clearly define which teams are eligible to work from home and which teams go into the office. Working from home doesn’t make sense for many job functions, but you still need to establish that in writing to avoid workplace problems. 

• Additional support or equipment needed.
  Outline how employees are able to request and retrieve the tools they need to do their best work and the responsibilities that come with them. It is also important to review your IT and security policies when you have employees working remotely and connecting to various networks. 

• Availability and regular working hours.
  When you can’t just stop by someone’s desk, you might need to establish times when teams need to be available for questions and meetings. You may even find that certain teams benefit from a non-traditional schedule when working from home.

• Remote time tracking processes.
  Your policy should include how employees working from home are expected to track and report their hours to you if needed. This will also help keep you in compliance with meal and rest break laws. 

Time Off and Travel Guidelines

Whether it’s due to COVID-19 legislation or not, our time off policies could most likely use some adjustments for everyone’s health and safety.

For instance, if your team works in the office and an employee travels by plane, consider what precautions you can take to minimize exposure. Not only do you have to consider what will work best for your business, but you must also consider what you can legally do. 

Here are some FAQs for employers regarding employees personal travel:

• Can I ask about an employee’s travel plans?
  Yes, as long as you ask every employee equally and it is appropriate for the safety of your business situation. In other words, it probably wouldn’t make sense to inquire about someone’s travel plans if your team works remotely.

• Can I require employees to self-quarantine or isolate after travel?
  If it is mandated by state or other applicable law, then yes. But, it is best to allow for remote work to your best ability during the isolation period. 

• Can I prevent or restrict an employee’s personal travel?
  Laws around interfering with employee’s personal time off are tricky (and prohibited in California). Instead, it is probably best to require employees to disclose any travel plans or recent travel details and remind employees of CDC recommendations regarding travel and any mandatory state or local self-isolation or quarantine periods post-travel.

• Can I require employees to take a negative COVID-19 test before returning to work?
  Possibly. According to the Equal Employment Opportunity Commission (EEOC), you may require medical testing that is “job-related and consistent with business necessity.” 

At a minimum, we recommend having clear travel policies and procedures in your handbook that incorporate CDC and applicable federal, state, and local guidelines.