SAMPLE EMPLOYEE HANDBOOK OUTLINE...SAMPLE EMPLOYEE HANDBOOK OUTLINE The purpose of this outline is...

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SAMPLE EMPLOYEE HANDBOOK OUTLINE The purpose of this outline is to provide small employers (those with fewer than 50 employees) with a starting point for creating a compliant Employee Handbook. The suggested policies on the following pages are commonly used by employers, however some of them may not be appropriate for every organization. Descriptions of commonly used policy content is included in many cases, however the wording provided is not necessarily the language that should be incorporated in the final Employee Handbook document. The content of this outline is based on knowledge of various employer requirements from the HR perspective and should not be construed as legal advice. Before implementation of an Employee Handbook that you create, it is recommended to have it reviewed by a qualified employment attorney. Prepared by Richards HR Solutions [email protected] 920-319-4742

Transcript of SAMPLE EMPLOYEE HANDBOOK OUTLINE...SAMPLE EMPLOYEE HANDBOOK OUTLINE The purpose of this outline is...

Page 1: SAMPLE EMPLOYEE HANDBOOK OUTLINE...SAMPLE EMPLOYEE HANDBOOK OUTLINE The purpose of this outline is to provide small employers (those with fewer than 50 employees) with a starting point

SAMPLE

EMPLOYEE HANDBOOK

OUTLINE

The purpose of this outline is to provide small employers (those with fewer

than 50 employees) with a starting point for creating a compliant

Employee Handbook. The suggested policies on the following pages are

commonly used by employers, however some of them may not be

appropriate for every organization. Descriptions of commonly used policy

content is included in many cases, however the wording provided is not

necessarily the language that should be incorporated in the final Employee

Handbook document.

The content of this outline is based on knowledge of various employer

requirements from the HR perspective and should not be construed as legal

advice. Before implementation of an Employee Handbook that you create,

it is recommended to have it reviewed by a qualified employment

attorney.

Prepared by Richards HR Solutions

[email protected]

920-319-4742

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TABLE OF CONTENTS

1. Introduction

1.1 Welcome

1.2 About This Handbook

2. Employment At Will

3. Equal Opportunity and Commitment to Workplace Diversity

3.1 Equal Opportunity

3.2 Commitment to Workplace Diversity

3.3 ADA and Reasonable Accommodation (required if 15 or more employees)

3.4 Workplace Harassment (required if 15 or more employees)

4. Employment Relationship

4.1 Employment Classification

4.2 Work Week and Work Shifts

4.3 Overtime

4.4 Time Recording

4.5 Pay Periods and Paychecks

4.6 Meal Breaks and Rest Breaks

4.7 Termination of Employment

4.8 Access to Personnel Files

5. Confidentiality and Conflicts of Interest

5.1 Confidential Information

5.2 Conflicts of Interest

6. Workplace Expectations and Policies

6.1 Open Door Policy and Employee Suggestions

6.2. Attendance

6.3 Drug-free and Alcohol-free Workplace

6.4 Job Performance

6.5 Social Media

6.6 Company Computers and Communication Systems

6.7 Personal Cell Phone Use

6.8 Workplace Conduct

6.9. Disciplinary Procedure

6.10 Dress Code

6.11 Moonlighting

6.12 Right to Search

6.13 Solicitation

6.14 Bulletin Boards

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7. Safety

7.1 Fitness for Work

7.2 Smoke-Free Workplace

7.3 Workplace Violence

7.4 Commitment to Safety

7.5 Emergency Closings

8. Time Off

8.1 Holidays

8.2 Vacation

8.3 Sick Leave

8.4 Military Leave

8.5 Jury Duty/Court Appearances

8.6 Time Off for Voting

9. Benefits

9.1 Group Medical, Dental and Vision Insurance

9.2 Group Life Insurance

9.3 Short and/or Long-Term Disability Insurance

9.4 Retirement Plan

9.5 Workers Compensation

9.6 COBRA/Continuation

9. Acknowledgements

9.1 Employee Handbook Acknowledgment and Receipt

9.2 Receipt and Acknowledgement of Harassment Policy & Complaint Procedure

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Section 1 - Introduction

1.1 Welcome

In this section, take the opportunity to make a positive and welcoming first impression for the new employee. Often this section is written by the CEO or President. Effective welcome statements often include some or all of the following elements:

• A welcome statement

• Wishes for a meaningful and successful employment relationship

• A few words about the history, reputation, and other areas of company pride

• A positive statement about the culture of the company

• The company’s mission or vision and how it drives success

• An invitation to dig in, get involved and make a career

1.2 About This Handbook

This section is often included to state the employee handbook’s purpose and define how it is to

be used and interpreted. It may include the following basic elements:

• Stress to employees that they should take time to read the handbook and ask questions

if areas are not understood.

• The handbook was created to provide general expectations and guidelines to orient

employees to the company, to promote the smooth and consistent operation of the

company and to help employees succeed.

• Every situation is unique and the company reserves the right to deviate as management

sees fit from the procedures and steps that may be outlined.

• The handbook will evolve over time and is subject to change and updates by management

at any time.

• Employees will be asked to sign acknowledgement statements, however this handbook is

not a contract.

• Advises employees who to go to if they have questions about the handbook (often HR or

the employee’s manager).

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Section 2 - Employment at Will

Typical language for Employment at Will conveys the following:

• Employment at the company is on an at-will basis unless otherwise stated in a written individual employment agreement signed by the President of the company.

• Employment at Will means that either the employee or the company may terminate the employment relationship at any time, for any reason, with or without notice.

• Nothing in this employee handbook is intended to or creates an employment agreement.

• Nothing in this handbook should be construed as a contract that employment or any benefit will be continued for any period of time.

• No company representative is authorized to modify the At-Will policy for any employee or to enter into any agreement, oral or written, that changes the at-will relationship.

• Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as protected by the National Labor Relations Act. Employees have the right to engage in or refrain from such activities.

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Section 3 - Equal Opportunity and Commitment to

Workplace Diversity

3.1 Equal Opportunity

This policy should declare that the company provides equal opportunities to employees in accordance with Equal Opportunity laws, and provides information on employee rights under anti-dsicrimination laws. The federal EEOC web pages provide information on employee rights and employer requirements. https://www.eeoc.gov/employers/

Typical elements of this policy include:

• A statement that the company provides equal employment opportunities to all employees and applicants for employment without regard to race, color, ancestry, national origin, gender, sexual orientation, marital status, religion, age, disability, gender identity, results of genetic testing, or service in the military.

• Defining language regarding equal employment opportunity, including that it applies to all terms and conditions of employment, including hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

• A statement that the company prohibits and does not tolerate any form of unlawful employee harassment or discrimination based on any of the protected employee characteristics mentioned in the previous bullet point.

• A statement about the prohibition of retaliation against individuals who raise issues of equal employment opportunity.

• Direction to employees to direct questions or concerns about equal employment opportunities in the workplace, or if be subjected to retaliation to the HR manager or other designated employee.

• Examples of retaliation

• Reference to workplace harassment policy.

3.2 Commitment to Workplace Diversity

This policy declares that the company is committed to creating and maintaining a workplace in which all employees have an opportunity to participate and contribute.

3.3 Americans with Disabilities Act (ADA) and Reasonable Accommodation (Employers with 15+ employees are covered by ADA laws)

While only companies having 15 or more employees are required under the ADA to abide by it’s requirements, experts advise that all employers should adhere to ADA guidelines and requirements. This policy typically states that the company makes reasonable accommodations for employees with known disabilities and invites individuals with disabilities who would benefit from a reasonable accommodation to make contact with HR or the designated company representative.

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3.4 Workplace Harassment (Employers with 15+ employees are covered by illegal harassment laws)

The Harassment section of the EEOC website (https://www.eeoc.gov/laws/types/harassment.cfm) clearly describes employer liability when harassment occurs in the workplace:

“The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.”

“The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.”

This policy therefore typically includes”

• A statement that harassment is a violation of anti-discrimination laws, including the Civil Rights Act of 1964 and Wisconsin’s Fair Employment Law, and define unlawful harassment, including the particulars of sexual harassment.

• Examples of unlawful harassment should be provided, such as: epithets; slurs; jokes; pranks; innuendo; comments; written or graphic material; stereotyping; or other threatening, hostile, or intimidating acts based on race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age, disability, veteran status, or other characteristic protected by state or federal law.

• A statement that the company does not tolerate harassment and will immediately investigate any such reports.

• A statement that retaliation against anyone reporting or cooperating in an investigation of harassment is prohibited.

• The complaint procedure to be used by anyone wishing to complain or report this prohibited activity. Employees should be told who they can bring such complaints to. (There should be multiple parties named who can receive complaints, to ensure that employees have a choice to talk with the individual they are most comfortable talking with.)

.

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Section 4 – Employment Relationship

4.1 Employment Classification

Employers should be clear and consistent in how they treat different classifications of employees, in order to remain compliant with laws covering wage-and-hour, benefits, illegal discrimination and other topics. Typically, this policy includes a listing of the different employment classifications that are in use and how they differ in terms of eligibility for overtime, benefits, regular work schedules etc. Examples:

• Exempt. Exempt employees are paid on a salaried basis and are not eligible to receive overtime pay.

• Nonexempt. Nonexempt employees are paid on an hourly basis and are eligible to receive overtime pay for overtime hours worked.

• Regular, Full-Time. Employees who are not in a temporary status and work a minimum of 30 hours weekly and maintain continuous employment status. Generally, these employees are eligible for the full-time benefits package and are subject to the terms, conditions, and limitations of each benefits program.

• Regular, Part-Time. Employees who are not in a temporary status and who are regularly scheduled to work fewer than 30 hours weekly, but at least 20 hours weekly, and who maintain continuous employment status. Part-time employees are eligible for some of the benefits offered by the company and are subject to the terms, conditions, and limitations of each benefits program.

• Temporary. Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project and who are temporarily scheduled to work for a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status.

4.2 Work Week and Work Shifts

A clear definition of the workweek, and hours of work, such as:

• The standard workweek is from Sunday 12:00 a.m. until Saturday 11:59 p.m. A full time workweek generally consists of 40 work hours.

• The business office is open from 8:00 a.m. to 5:00 p.m. Production operations hours are: First shift – 6:00 a.m. to 2:30 p.m. and Second shift – 3:00 p.m. to 11:30 p.m.

4.3 Overtime

A statement of overtime work requirements is usually included along with a description of how overtime is paid:

• Nonexempt employees may be required to work overtime during the busy season from October 1 through January 15.

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• Overtime is actual hours worked in excess of 40 in a single workweek. Nonexempt employees will be paid overtime compensation at the rate of one and one half their regular rate of pay for all hours over 40 actually worked in a single workweek. Paid leave, such as holiday, vacation and jury duty does not apply toward work time. All overtime work must be approved in advance by a supervisor or manager.

4.4 Time Recording

Requirements for recording time worked should be stated in accordance with applicable wage-and-hour laws. For example:

• All nonexempt employees are required to use the timeclock to record time worked to provide accurate weekly work time totals. Any variance between actual time worked and what is showing on your timecard should be reported to your supervisor to be notated immediately. At the end of each week, supervisors will review and sign off on time cards attesting to its correctness before forwarding it to the payroll.

• Exempt employees do not punch in and out on the timeclock, but are required to submit paper timesheets indicating the amount of time worked for all days and the amount of any paid leave taken.

4.5 Pay Periods and Paychecks

This policy usually just defines pay periods and when employees receive pay:

• The company’s pay period for all employees is biweekly on Friday.

• If pay day falls on a federal holiday, employees will receive their paycheck on the preceding workday.

• Employees are encouraged but not required to have paychecks directly deposited into their checking and/or savings accounts.

4.6 Meal Breaks and Rest Breaks

Describe how meal breaks and rest breaks (if any) are handled. State the length of the breaks provided, whether paid or unpaid and how scheduling of breaks takes place. (Note that unpaid lunch breaks in Wisconsin must be at least 30 minutes long.).

4.7 Termination of Employment

• Indicate the amount of advance notice the company wants in the case of voluntary

resignation, and any consequences for not providing this. • Advise of employee responsibilities related to the return of property to the company

and whether missing property will be deducted from the final paycheck. • Describe how benefit premiums, commissions, vacation balances, etc. will be handled in

the final paycheck. • State whether employees should expect an exit interview, etc.

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• Advise that employees enrolled in health insurance will be eligible for COBRA or state continuation, as applicable.

4.8 Access to Personnel Files

Under Wisconsin law employees have a legal right to review their personnel records. Points that may be included in the policy:

• Advise employees of the confidential treatment of employee files, and inform them of the HR or other designated contact who is charge with maintaining personnel files.

• Advise employees that access to personnel files by current employees and former employees will be granted in accordance with state law, which is within seven days of receipt of an employee’s written request.

• Inform employees that employee files may not be taken outside the department, and that it is the company’s practice to only allow review of personnel files in the presence of HR or the designated person in charge of maintain such files.

• Add that representatives of government or law enforcement agencies, in the course of their duties, may be allowed access to file information.

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Section 5 - Confidentiality and Conflicts of Interest

5.1 Confidential Information

A confidentiality policy typically explains what types of information is to be treated as confidential, and advises employees that they may encounter confidential information in the course of their employment, which must not be disclosed to people outside of the company. This policy may include points such as:

• Why the protection of confidential business information and trade secrets is vital to the interests and success of the company.

• Confidential information is any and all information disclosed to or known by the employee because of employment with the company that is not generally known to people outside the company about its business.

• Employees who improperly uses or disclose trade secrets or confidential business information may be subject to disciplinary action up to and including termination of employment and legal action.

• All inquiries from the media must be referred to a member of management.

• This provision is not intended to, and should not be interpreted to, prohibit employees from discussing wages and other terms and conditions of employment if they so choose.

5.2 Conflicts of Interest

This policy should define what conflicts of interest are and why it is important to avoid them. Elements of this policy often include:

• Employees are expected to conduct themselves and company business in a manner that reflects the highest standards of ethical conduct, and in accordance with all federal, state, and local laws and regulations.

• If a situation arises where there is a potential conflict of interest, the employee should discuss this with a manager for advice and guidance on how to proceed.

• A listing of the types of activity that may indicate improper behavior, unacceptable personal integrity, or unacceptable ethics:

o Simultaneous employment by another firm that is a competitor of or supplier to [Company Name]

o Carrying on company business with a firm in which the employee, or a close relative of the employee, has a substantial ownership or interest.

o Holding a substantial interest in, or participating in the management of, a firm to which the company makes sales or from which it makes purchases.

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o Borrowing money from customers or firms, other than recognized loan institutions, from which our company buys services, materials, equipment, or supplies.

o Accepting substantial gifts or excessive entertainment from an outside organization or agency.

o Speculating or dealing in materials, equipment, supplies, services, or property purchased by the company.

o Participating in civic or professional organization activities in a manner that divulges confidential company information.

o Misusing privileged information or revealing confidential data to outsiders.

o Using one’s position in the company or knowledge of its affairs for personal gains.

o Engaging in practices or procedures that violate antitrust laws, commercial bribery laws, copyright laws, discrimination laws, campaign contribution laws, or other laws regulating the conduct of company business.

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Section 6 - Workplace Expectations and Policies

6.1 Open Door Policy and Employee Suggestions

It is important for companies to be open to the questions, concerns and ideas of their

employees and this policy is included to communicate that openness. This type of policy

typically includes:

• A statement that the company supports open communication between

management/supervisors and employees

• An invitation to employees to approach their managers with problems, questions and

ideas

• A statement that managers can provide guidance, support and advice to employees

experiencing difficulties

• Employee ideas are important to ongoing company success and should be shared with

managers/supervisors

• A description of any steps or procedures to follow to set up a talk with a manager

6.2 Attendance

This policy should lay out the expectations for attendance and promptness, provide direction on notifying the company when absent or late, explain any absence tracking that is in use and explain the consequences for excessive absences. Examples of items to include:

• If unable to arrive at work on time, or if you will be absent for an entire day, you must contact your supervisor directly as soon as possible.

• Voice mail and e-mail messages are not acceptable except in certain emergency circumstances.

• Excessive absenteeism or tardiness will result in discipline up to and including termination.

• Failure to show up or call in for a scheduled shift without prior approval may result in termination.

• Failure to report to work or call in to your supervisor for 3 consecutive days, may be treated as your resignation of employment.

6.3 Drug-Free and Alcohol-Free Workplace

It is typically stated that it is the policy of the company to maintain a drug- and alcohol-free work environment that is safe and productive for employees and others. Prohibitions typically stated include:

• The unlawful use, possession, purchase, sale, distribution, or being under the influence of any illegal drug

• The misuse of legal drugs while on company or client premises or while performing services for the company.

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• Reporting to work or performing services under the influence of alcohol or consuming alcohol while on duty or during work hours.

• Off-premises abuse of alcohol and controlled substances, as well as the possession, use, or sale of illegal drugs, when these activities adversely affect job performance, job safety, or the company’s reputation in the community.

Often this policy also includes substance abuse screening provisions which may be conducted at the company’s discretion to ensure compliance. Other common policy elements:

• Compliance with this policy is a condition of employment • Employees who test positive or who refuse to submit to substance abuse screening may

be subject to termination.

6.4 Job Performance

The company’s expectations around job performance, professional growth and improvement are often laid out in a policy like this. Communication between employees and supervisors/managers may be highlighted as a key ingredient to great performance. Any performance programs or key practices used by the company should be highlighted.

Generally, there is also a description of the formal performance review process, including frequency, what is covered, how employees are expected to prepare and who participates in the review process.

6.5 Social Media

This policy provides guidelines on acceptable use of social media as it relates to work. Common elements:

• Information posted online is often available to the public and, therefore, could affect the company when employees engage in social conversations about work.

• When off-duty, employees must ensure that social media activity does not interfere with their work.

• When on-duty employees may engage in social media activity during work time only if it is directly related to their work and approved by their manager.

• Social media posts should not identify or reference company clients, customers, or vendors without express permission.

• The company monitors employee use of company computers and the Internet, including employee blogging and social networking activity.

• Commonly recommended guidelines for social media use when it involves the company: o Demonstrate respect for the dignity of the company, its owners, its customers,

its vendors, and its employees. A social media site is a public place, and employees should avoid inappropriate comments.

o Employees should not divulge the company’s confidential information such as trade secrets, client lists, or information restricted from disclosure by law on social media sites.

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o Employees should not engage in harassing or discriminatory behavior that targets other employees or individuals because of their protected class status or make defamatory comments.

o If an employee identifies himself or herself as a company employee or discusses matters related to the company on a social media site, the site must include a disclaimer on the front page stating that it does not express the views of the company and that the employee is expressing only his or her personal views.

o Be aware that if employees post information on a social media site that is in violation of company policy and/or federal, state, or local law, the disclaimer will not shield them from disciplinary action.

o Employees should not use a social media to criticize the company’s competition and should not use it to compete with the company.

o Do not identify or reference company clients, customers, or vendors without express permission. Employees may write about their jobs in general but may not disclose any confidential or proprietary information.

o New ideas related to work or the company’s business belong to the company. Do not post them on a social media site without the company’s permission.

o Do not use the company’s or others’ trademarks on a social media site, or reproduce the company’s or others’ material without first obtaining permission.

o Employees are expected to comply with all applicable laws, including but not limited to, Federal Trade Commission (FTC) guidelines, copyright, trademark, and harassment laws.

o Violations of this policy may result in discipline up to and including immediate termination of employment.

It is important to include a statement that the social media policy is not meant to, nor should it be interpreted to, in any way limit employees’ rights under any applicable federal, state, or local laws, including your rights under the National Labor Relations Act to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits.

6.6 Company Computers and Communication Systems

Most companies provide a wide variety of communication tools and resources to employees for use in running day-to-day business activities, and it is important to state expectations for using these tools in a professional and respectful manner. This policy should cover the following:

• For all company-provided communication systems and technology, use should be reserved for business-related matters during working hours.

• Employees should not have any expectation of privacy in their use of company computer, phone, or other communication tools.

• All communications made using company-provided equipment or services including email and internet activity, are subject to inspection by the company.

• Employee personal use of company-provided communication systems should be kept to a minimum.

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• Information transmitted through e-email and the internet is not completely secure or may contain viruses or malware, and information you transmit and receive could damage the company’s systems so employees should delete any e-mail messages prior to opening that are received from unknown senders and advertisers.

• It is against company policy to turn off antivirus protection software or make unauthorized changes to system configurations installed on company computers.

• Violations of this policy may result in termination for a first offense. • Employees should become familiar with and be mindful of any federal and/or state

recordkeeping requirements when sending e-mails within and outside the company. • All use of company-provided communications systems, should comply with the

company’s established guidelines/policies, including but not limited to the Equal

Opportunity, Harassment, Confidential Information, and Conflicts of Interest.

• Employees should not divulge confidential information such as trade secrets, client lists,

or information restricted from disclosure by law on social media sites.

• Because communication equipment are provided for company business purposes and

are critical to the company’s success, your communications may be accessed without

further notice by Information Technology department and/or management to ensure

compliance with this guideline.

• The company reserves the right to monitor customer calls to ensure employees abide by

company quality guidelines and provide appropriate levels of customer service.

• Nothing in this policy is designed to interfere with, restrain, or prevent employee

communications regarding wages, hours, or other terms and conditions of employment

as protected under the National Labor Relations Act. Employees have the right to

engage in or refrain from such activities.

6.7 Personal Cell Phone Use

Personal cell phone use at work is a common sore spot for many employers, and related rules and guidelines around personal cell phone use should be clearly spelled out.

Employers should state what is and is not allowed regarding personal cell phone use while on the clock (what, when and where may personal cell phones be used). Guidelines are often included on the preferred method for making and receiving personal calls to family members or loved ones in the event of an emergency.

Employees are often also advised that personal cell phone use is prohibited while operating a motor vehicle while working for the company, unless a hands-free device, such as blue tooth is in use.

6.8 Workplace Conduct

This policy emphasizes the requirement for employees to conduct themselves in an appropriate

and professional manner while at work and typically provides examples of unacceptable

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conduct and consequences for engaging in such behavior. Often the unexhaustive list of

behaviors that are not tolerated includes items such as:

• Theft or misappropriation of company or employee property • Intentionally falsifying a time card • Refusal to follow the reasonable directives of a supervisor or manager • Fighting or engaging in threatening or intimidating behavior • Unlawful harassment of customers, suppliers or employees • Violating the company’s policy regarding substance abuse • Possession of weapons or firearms on company premises • Excessive absenteeism or habitual tardiness • Leaving the job without permission • Disclosing of confidential company information • Destruction or defacing of company or employee property or equipment • Misuse or unauthorized use of company property • Excessive horseplay or violation of safety rules • Discourteous treatment of customers or the use of profanity or threatening language • Conducting personal business on company property, including promoting or selling any

item or soliciting contributions

6.9 Disciplinary Procedure

Generally, it is a good practice to inform employees of the usual steps in the disciplinary process, while leaving flexibility for the employer to deviate from the standard process when circumstances dictate. “Progressive discipline” which provides fair opportunity for employees to improve their performance or conduct over a reasonable amount of time is widely used by employers. Common elements in a policy such as this include:

• A statement of the general expectation that employees comply with the company’s standards of behavior and performance.

• A statement that the employer will provide notice to the employee of performance deficiencies to provide opportunity for improvement.

• A description of the progressive steps of disciplinary action that will generally be followed. Common disciplinary steps are similar to the following:

o Step 1: Informal Discussion. When a performance problem is first identified, the nature of the problem and the action necessary to correct it is discussed with the employee.

o Step 2: Oral warning. If a private informal discussion with the employee has not resulted in improvement, a meeting between the employee and his/her manager will take place in which there will be further discussion of the problem and why it may be occurring. A statement will be made to the employee that the problem must be corrected and that failure to correct the problem will result in further disciplinary action. A written summary of what the employee is required to improve upon may be provided.

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o Step 3: Written warning. If satisfactory performance and prior corrective action are not achieved under Steps l and 2, the supervisor and/or manager may require the employee to attend a private meeting in which another review of the actions outlined in Step 2 above is conducted, with a written warning issued.

o Step 4: Suspension or termination. Failure to improve performance or behavior after Step 3, results in either suspension or termination.

• In cases involving serious misconduct, or any time the supervisor determines it is necessary, such as a major breach of policy or violation of law, the procedures contained above may be disregarded. The supervisor may suspend am employee immediately (with or without pay) when an investigation of the incidents leading up to the suspension is needed. At the completion of the investigation management will determine if any further action, such as termination, should be taken.

6.10 Dress Code

A description of the expectations for dress and grooming in this policy should be made clear and descriptive for employees. Dress standards may vary by job function or department. Employees should be directed to consult with their manager or HR if they have questions about what is appropriate attire for their job. Consequences for failure to observe the dress code should be described.

6.11 Moonlighting

Most employers do not restrict employees from holding a second job, however there may be

restrictions on who they are allowed to work for. For example, it may not be allowed for

employees to hold a second job with a direct competitor, and this should be clearly stated. It is

common to emphasize in this policy that a second job will not be permitted to interfere with

the employee’s job with the company and that employees may be faced with giving up a

second job if it adversely affects attendance or job performance.

6.12 Right to Search

This policy advises employees that in order to protect company property and to ensure the

security of all employees and customers, the company reserves the right to conduct searches of

company and personal property, consistent with applicable law. Points often included are:

• All offices, desks, files, lockers, vehicles, equipment, etc. are the property of the

company, and employees should not expect that they may store items privately.

• Any packages, parcels, purses, handbags, briefcases, lunch boxes or any other

possessions or articles carried to and from the company's property may also be

subject to inspection if a need is determined by management.

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• If employees have reason to believe that items are stored or hidden in the

workplace that present a threat to security, they should inform management.

6.13 Solicitation

This policy affirms the importance of employees being able to work in an environment that is free from unnecessary annoyances and interference and prohibits solicitation by employees during “working time.” “Working time” is defined as time during which an employee is not at a meal, on break, or on the premises immediately before or after his or her shift.

Employees are also typically prohibited from distributing written materials, handbills, or any other type of literature on working time and, at all times, in “working areas,” which includes all office areas. “Working areas” typically do not include break rooms, parking lots, or common areas shared by employees during nonworking time.

A provision may also be included which prohibits nonemployees from trespassing or soliciting or distributing materials anywhere on company property at any time.

6.14 Bulletin Boards

This policy states that all required governmental postings are posted on the boards located in the break room and that these boards may also contain general company announcements.

To protect the integrity of the official bulletin boards it may be stated that management approves, posts, and takes down all notices. Any provisions that allow employees to post items should be explained. The company reserves the right to refuse permission to post or to take down any announcement.

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Section 7 - Safety

7.1 Fitness for Work

This policy advises employees of the importance and expectation of reporting to work in a state

in which they can safely perform their job. This is especially important for employers with jobs

requiring physical exertion or that carry risk of injury to employees themselves or others. The

following elements may be included:

• It is the company’s responsibility to provide a workplace and working conditions that are

safe for all.

• All employees are required to report to work in a condition that allows them to do their

jobs in a manner that is safe for them and for others.

• Employees should communicate any physical or mental limitations to their supervisor

that may create safety issues, including but not limited to those caused by:

o illness

o injury

o prescribed drugs

o other drug and alcohol use

• Employees experiencing such limitations may be required to obtain a physician’s release

before returning to work

7.2 Smoke-Free Workplace

Elements in this policy typically include:

• The company adheres to all laws restricting smoking at work and in public places. • Smoking is not allowed in company buildings or work areas at any time. • “Smoking” includes the use of any tobacco products (including chewing tobacco),

electronic smoking devices, and e-cigarettes. • Smoking is only permitted during break times in designated outdoor areas. • Employees using these areas are expected to dispose of any smoking debris safely and

properly.

5.3 Workplace Violence

This policy states the company’s intolerance of workplace violence and often includes the following:

• The company is committed to providing a safe workplace that is free of violence • Employees are prohibited from engaging in physical confrontations or from behaving in

a threatening or violent manner at work. • Threats, threatening language, or any other acts of aggression or violence made toward

or by any employee will not be tolerated. A threat may include any verbal or physical harassment or abuse, attempts to intimidate others, menacing gestures, stalking, or any

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other hostile, aggressive, and/or destructive actions taken for the purposes of intimidation.

• This policy covers any violent or potentially violent behavior that occurs in the workplace or at company-sponsored functions.

• Any employee who witnesses or is the recipient of violent behavior should promptly inform their supervisor, manager, or HR.

• All threats will be promptly investigated. • No employee will be subject to retaliation, intimidation, or discipline as a result of

reporting a threat in good faith under this guideline. • Any individual engaging in violence against the company, its employees, or its property

will be prosecuted to the full extent of the law. • Any such act or threatening behavior may result in disciplinary action up to and

including termination. • The Company prohibits the possession of weapons on its property at all times, including

our parking lots or company vehicles. (if applicable) • Weapons include, but are not limited to, handguns, rifles, automatic weapons, and

knives that can be used as weapons (excluding pocketknives, utility knives, and other instruments that are used to open packages, cut string, and for other miscellaneous tasks), martial arts paraphernalia, stun guns, and tear gas.

• Any employee violating this policy is subject to discipline up to and including dismissal for the first offense.

5.4 Commitment to Safety

Common elements include:

• Protecting the safety of our employees and visitors is one of the most important aspects of running the business.

• All employees have the opportunity and responsibility to contribute to a safe work environment by using commonsense rules and safe practices and by notifying management when any health or safety issues are present.

• Employees should become familiar with all safety policies found in the addenda of this handbook.

• In the event of an emergency, notify the appropriate emergency personnel by dialing 9 for an outside line, then dial 911 to activate the medical emergency services.

5.5 Emergency Closings

Companies vary widely on how they pay employees in the event of emergency closings. Typically some variation of the following elements are included in this type of policy:

• The company makes every attempt to be open for business every day regardless of the weather.

• If the company is open for business on a bad weather day, and you are concerned about the safety for you or your family on the roads, you may choose to not come in to work,

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or to leave early without incurring an unexcused absence, provided you give proper notice. In this event you will only be paid for the time you actually work.

• If the office is officially closed for the full day, employees will be paid for the time they were scheduled to work on that day. (or some other variation)

• If the office is officially closed during the course of the day to permit employees to leave early, nonexempt employees who are working on-site as of the time of the closing will be paid for a full day. If you leave earlier than the official closing time, you will be paid only for actual hours worked

• Non-exempt employees may take vacation time for time taken off when there is not an official closing.

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Section 8 - Time Off

8.1 Holidays

The holidays observed by the company should be listed and a description of how holiday pay works (if applicable) should be provided. Items that may fall under this policy include some variation of the following:

• If one of these holidays falls on a Sunday, it will be observed on the following Monday.

If the holiday falls on a Saturday, the company will select either the following Monday or

the preceding Friday as a substitute holiday. The company reserves the right to pay

eligible employees in lieu of time off if the holiday falls on Saturday.

• Full-time regular employees are eligible for holiday pay. Hourly employees become eligible after they have been actively with the company for 3 months. Part-time and temporary employees, including summer employees, are not eligible for holiday pay.

• A holiday shall not be considered as hours worked for the purpose of computing overtime.

• To receive holiday pay, an eligible nonexempt employee must be at work or taking an approved absence on the work days immediately preceding and immediately following the day on which the holiday is observed. An approved absence is a day of paid vacation. If an employee is absent on one or both of these days because of an illness or injury, the company may require verification of the reason for the absence before approving holiday pay.

• Employees who need time off to observe religious practices or holidays not already scheduled by the company should speak with their supervisor. Depending upon business needs, the employee may be able to work on a day that is normally observed as a holiday and then take time off for another religious day. The company will seek to reasonably accommodate individuals’ religious observances.

8.2 Vacation

This policy should explain how vacation time is earned, taken and tracked for eligible employees. Typical included items:

• Which employees are eligible for paid vacation • When are new hires begin receiving vacation • Vacation hours earned by years of service • Is vacation accrued, or provided after a full year? • Scheduling and getting approval for taking vacation • Increments of vacation that may be taken • Whether vacation counts toward overtime • Any times during the year when vacation is not granted • Provisions for carrying over vacation from one year to the next • Provisions for paying out vacation upon termination

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8.3 Sick Leave

For employers that offer paid sick leave, this policy explains how sick leave time is earned, taken and tracked for eligible employees. Typical included items:

• Which employees are eligible for paid sick leave • When are new hires begin receiving paid sick leave • Amount of sick leave earned per month, per year, etc. • Procedure for notifying the employer of a sick day • Increments of sick leave that may be taken • Whether sick leave counts toward overtime • Provisions for carrying over sick leave from one year to the next • Any provisions for paying out sick leave upon termination

8.4 Military Leave

This policy typically quotes the legal requirements around military leave and includes the following:

• The company supports the military obligations of all employees and grants leaves for uniformed service in accordance with applicable federal and state laws.

• Any employee who needs time off for uniformed service should immediately notify the [HR Contact] and his or her supervisor, who will provide details regarding the leave.

• If an employee is unable to provide notice before leaving for uniformed service, a family member should notify the supervisor as soon as possible.

• Upon return from military leave, employees will be granted the same seniority, pay, and benefits as if they had worked continuously.

• Failure to report for work within the prescribed time after completion of military service will be considered a voluntary termination.

• All employees who enter military service may accumulate a total absence of 5 years and still retain employment rights.

8.5 Jury Duty/Court Appearance • This policy typically includes some variation of the following: • The company supports employees in their civic duty to serve on a jury. • Employees must present any summons to jury duty to their supervisor as soon as

possible after receiving the notice to allow advance planning for an employee’s absence. • Employees are responsible for providing notes issued by the court, attesting to the time

served for jury duty. • Employee will be paid the difference between their normal rate of pay and the amount

of jury pay received. • If an employee is released from jury duty after 4 hours or less of service, he or she must

report to work for the remainder of that work day. • Time for appearance in court for personal business will be the individual employee’s

responsibility. Normally, personal days or vacation days will be used for this purpose.

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8.6 Time Off for Voting The company recognizes that voting is a right and privilege of being a citizen of the United States and often includes the following:

• Encouragement to employees to exercise their right to vote • In almost all cases, you will have sufficient time outside working hours to vote. • If for any reason you think this won’t be the case, contact your supervisor at least a day

in advance of election day to discuss scheduling accommodations

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Section 9 - Employee Benefits

9.1 Group Medical, Dental and Vision Insurance

This policy would typically state eligibility criteria for plan participation in each benefit, who may be covered under the plan and the amount the company contributes towards premiums.

9.2 Group Life Insurance

This policy would typically state eligibility criteria for plan participation, who may be covered under the plan and the amount the company contributes towards premiums. Other plan provisions such as conversion rights or portability may also be included.

9.3 Short-term and Long-term Disability Insurance

This policy would typically state eligibility criteria for plan participation and the amount the company contributes towards premiums. There may also be a description of the percentage of earnings paid and elimination periods.

9.4 Retirement Plan

Typically this policy states the eligibility criteria for plan participation, provisions for plan entry, vesting, and any provisions for matching contributions, profit sharing and loans or other hardship features.

9.5 Workers’ Compensation

Policy wording generally describes workers compensation insurance, who pays for it, what it covers, and procedure followed in the event of a work injury:

• Workers’ compensation is a “no-fault” system that provides compensation for medical expenses and wage losses to employees who are injured or who become ill because of employment.

• [Company Name] pays the entire cost of workers’ compensation insurance. The insurance provides coverage for related medical and rehabilitation expenses and a portion of lost wages to employees who sustain an injury on the job.

• The company abides by all applicable state workers’ compensation laws and regulations. • If an employee sustains a job-related injury or illness, it is important to notify the

supervisor and the [HR Contact] immediately. • The supervisor will complete an injury report with input from the employee and return

the form to the [HR Contact], who will file the claim with the insurance company. In cases of true medical emergencies, report to the nearest emergency room.

• Employees will not be paid vacation for approved absences covered by the company’s

workers’ compensation program, except to supplement the workers’ compensation

benefits such as when the plan only covers a portion of the employee’s salary as allowed

by state law.

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9.6 COBRA/Continuation

This policy usually includes a brief description of employees’ rights and eligibility for

COBRA/Continuation coverage:

• An employee and/or his or her qualified beneficiaries may be eligible to continue participation in

the Company’s group medical, dental and vision insurance plans for a period of time by paying

the monthly premiums in accordance with federal and state law concerning a qualifying event.

• Common qualifying events include, but are not limited to:

For a covered employee:

• Loss of coverage due to termination or layoff

• Loss of coverage due to work hours reduction

For a covered spouse and/or dependent:

• The covered employee’s loss of coverage due to termination or hours reduction

• The covered employee’s entitlement to Medicare

• Divorce or legal separation from the covered employee

• Death of the covered employee

• A child’s loss of dependent child status (as defined in the group plan)

• Full details regarding your continuation rights (General Notice of Continuation Coverage Rights

under Wisconsin Continuation & Federal COBRA) will be issued to you (and your spouse and/or

adult-age children if applicable) at the time you enroll in the insurance plan.

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10. Acknowledgements

10.1 EMPLOYEE HANDBOOK ACKNOWLEDGMENT AND RECEIPT

I hereby acknowledge receipt of the employee handbook of [Company Name]. I understand and agree that it is my responsibility to read and comply with the policies in the handbook.

I understand that the handbook and all other written and oral materials provided to me are intended for informational purposes only. Neither it, company practices, nor other communications create an employment contract or term. I understand that the policies and benefits, both in the handbook and those communicated to me in any other fashion, are subject to interpretation, review, removal, and change by management at any time without notice.

I further understand that I am an at-will employee and that neither this document nor any other communication shall bind the company to employ me now or hereafter and that my employment may be terminated by me or the company without reason at any time. I understand that no representative of the company has any authority to enter into any agreement for employment for any specified period of time or to assure any other personnel action or to assure any benefits or terms or conditions of employment, or make any agreement contrary to the foregoing.

I also understand and agree that this document may not be modified orally and that only the president of the company may make a commitment for employment. I also understand that if such a modification is made, it must be in writing and signed by the president of the company.

_____________________________________ Employee’s Name in Print

_____________________________________ Signature of Employee

_______________________ Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

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10.2 Receipt of Harassment Policy

I have read and I understand the [Company Name] Harassment Policy. _____________________________________ Employee’s Name in Print

_____________________________________ Signature of Employee

_______________________ Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE