Company policies lay the foundation on which employment expectations are formed, and thus, workplace actions are taken.? A missing phrase here, an undefined term there can spell policy disaster.
There?s no time like the present to audit your organization?s policy handbook.? While it?s unlikely the handbook needs a total rewrite, you might find that it could use a little fine-tuning.? Start by checking that your organization?s policies don?t fall into the four policy writing traps discussed below.
Then learn from your colleagues? mistakes, as Jim Collison, president of Employers of America, Inc., who has been writing and critiquing employee handbooks since 1981, highlights real-life policy writing blunders and offers advice on how to avoid making those same mistakes.
Mistake #1: Disclaimers That Are Too Few And Far Between
Some employers mistakenly believe that adding a single disclaimer to an employee policy handbook is all they need to do to give themselves the latitude to bypass, revise, or replace existing policy provisions.? If, however, employees are left scratching their heads after reading the disclaimer or searching for it within the text of the handbook, chances are good that the disclaimer will carry little legal weight should any of your organization?s policies be legally challenged.
Collison stressed the importance of having not one, not two, but five disclaimers and qualifiers in your organization?s employee handbook.? He recommends:
- Opening disclaimer, which, in no uncertain terms, states that the handbook is not a contract of employment and that the employment relationship is at-will.
- Benefits section qualifier, which explains that benefits or premium contributions may change at the company?s discretion and that if there is a conflict between language in the employee handbook and language in an official plan document (such as a group health insurance policy), the official plan document governs.
- At-will reminder.?? ?In any discipline policy or complaint resolution policy, restate the employer?s right to discipline or terminate an employee at-will, with or without cause,? stated Collison.
- Misconduct qualifier.?? Said Collison: ?In any list of misconduct examples, state that the list is not?all encompassing or not all inclusive.?
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An acknowledgement, upon which an employee?s signature means that he/she acknowledges: receiving a copy of the handbook, reading it, understanding it, having had the opportunity to ask questions about it, having had it explained, that the handbook is not a contract of employment, and that the employment relationship is at-will.
Here are some additional phrases you might find useful:
- These rules do not represent every conceivable type of offense, but reflect those most frequently encountered.
- Misconduct not specifically described in these guidelines will be handled as warranted by the circumstances of the situations involved.
- Penalties imposed as a result of infractions of company policy may be modified by the company when extenuating circumstances are found.
- Flagrant infractions of this policy may result in action of greater severity than usual.
Mistake #2: Provisions That Are Too Open To Interpretation
No matter how well-worded you think a policy appears, there?s a chance that some employees may be confused by it.? Sometimes, that confusion is a result of the language used.? Just because you?re familiar with certain terms, doesn?t mean rank-and-file employees are, too.? Always read policies with an eye out for HR jargon or legalese.
Other times, confusion is the result of what?s not said, and, thus, left open to employee interpretation.? That?s why it?s imperative that your organization?s policies spell out exactly what they mean and define all terms, as necessary.
For example, if an attendance policy states ?absent employees are required to present medical documentation upon their return,? employees may assume that presenting any kind of medical document will excuse their absence under an attendance policy, when, in fact, company rules require that the documentation specifically state an employee is unable to perform his/her essential job functions.
Mistake #3: Requirements That Are Too Stringent
Another mistake employers commonly make when drafting policies is including more stringent requirements than called for by federal and state law.? In some instances, this is perfectly acceptable, as long as you don?t penalize employees for failing to meet these more stringent requirements.
Best bet: Keep policies in step with legal requirements.? Before actually writing a policy, consider whether there are any applicable laws no matter what the topic is.? Of course you won?t forget to incorporate the FMLA or?Americans with Disabilities Act?into your policies, if applicable.? But what about a more obscure state law on school visitation leave or lifestyle discrimination?? Thinking in terms of federal and state laws every time you sit down to write a policy is a must.? And remember, where federal and state requirements conflict, the one that is most beneficial to employees is the one that must be followed.
Mistake #4: Protections That Are Too One-Sided
Still another mistake employers make is forgetting to equally address all potential parties in a policy.? For example, a sexual harassment policy should address the rights of the accuser, as well as the accused.? Or, as in the following case, union advocates versus union opponents.
Best bet: Whenever drafting any type of harassment policy or provision, make sure it addresses both sides of the harassment coin.? State the company?s commitment to protecting each and every employee from harassment of any kind.? Then spell out exactly what steps employees should take if they feel harassed.? Include examples of prohibited harassment.? Don?t stop there, though.? Address the rights of the accused.? Outline the investigatory steps the organization will take to ensure that false accusations or retaliatory motivations aren?t the basis for the claim.
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