EMPLOYEE HANDBOOK

OF

[EMPLOYER’S NAME]

Last revised on [DATE]

TABLE OF CONTENTS

• 1 – INTRODUCTION.
  • 1.1 Welcome.
  • 1.2 – Purpose of this Handbook.
  • 1.3 – Changes in Policy.
• 2 – GENERAL EMPLOYMENT.
  • 2.1 – “At-Will” Employment.
  • 2.2 – Employment Classifications.
• 3 – COMPENSATION.
  • 3.1 – Payment Schedule.
  • 3.2 – Wages.
  • 3.3 – Deductions and Garnishment.
  • 3.4 – Overtime Pay.
  • 3.5 – Paid Time-Off (PTO)
  • 3.6 – Maternity Leave. 6
  • 3.7 – Family Medical Leave Act (FMLA)
  • 3.8 – Employer Benefits.
  • 3.9 – Government Benefits.
• 4 – RIGHTS AND POLICIES.
  • 4.1 – Equal Opportunity Employment.
  • 4.2 – Immigration Law Compliance
  • 4.3 – Accommodation for Employees with Disabilities.
  • 4.4 – Minors
  • 4.5 – Relatives of Employees
  • 4.6 – Privacy.
  • 4.7 – Confidentiality
• 5 – STANDARDS OF CONDUCT.
  • 5.1 – General
  • 5.2 – Attendance.
  • 5.3 – Dress Code.
  • 5.4 – Safety.
  • 5.5 – Discrimination and Sexual Harassment.
  • 5.6 – Substance Abuse.
  • 5.7 – Social Media Policy.
  • 5.8 – Disciplinary Action.

1 – INTRODUCTION

1.1 Welcome

Dear Valued Employee,

Welcome to [ORGANIZATION NAME], a ☐ For-Profit ☐ Non-Profit business entity located in the state of [STATE] (“Employer”). This employee handbook (“Handbook”) contains general information on policies, practices, and benefits of the Employer. It is written to introduce employees to the Employer and get familiarized with it, provide general guidelines on work rules, benefits, and other issues related to employment.

We look forward to working together with you!

1.2 – Purpose of this Handbook

This Handbook, divided into roughly five (5) parts, aims to clarify, explain, and offer a handy reference for the general terms of employment with the Employer, namely general employment details, compensation, benefits, standards of conduct, and the employees’ rights and policies pertaining thereto.

1.3 – Changes in Policy

The Employer reserves the right to modify any policies, benefits, or procedures at any time, excluding the “At-Will Employment” policy in Section 2.1 of this Handbook. Ideally, timely notification will be given to employees, although changes are considered adequate without such notice.

2 – GENERAL EMPLOYMENT

2.1 – “At-Will” Employment

While employed, all employment is considered “at-will,” meaning employees are free to resign at any time and for any reason, with or without notice. Similarly, the Employer is free to conclude an employee’s employment at any time for any lawful basis, with or without cause.

Unlike the general policy changes mentioned in Section 1.3 of this Handbook, which may be amended, modified, or terminated at any time, the policy for at-will employment in this Section is considered immutable except for a situation wherein it is modified via a signed, written agreement between the Employer and the employee at issue.

2.2 – Employment Classifications

For the purposes of salary administration and eligibility for overtime payments and employee benefits, the Employer classifies employees as either exempt (salaried) or non-exempt. Non-exempt employees are entitled to overtime pay in accordance with federal and state overtime provisions. Exempt employees are exempt from federal and state overtime laws and, but for a few narrow exceptions, are generally paid a fixed amount of pay each workweek while they are employed.

• Full-Time. Full-time employees are individuals that work greater or equal to an average of [NUMBER OF HOURS] hours per week. All other employees working fewer hours per week shall be considered part-time.
• Temporary Employees. Some employees may be hired as temporary replacements or to supplement the workforce during a period of higher than usual output. Temporary employee positions are of limited duration and can be let go before the end of the period for which they were originally hired. To confirm, temporary employees are considered “at-will” employees.
• Independent Contractors and Consultants. Independent contractors and consultants are self-employed and not employees as defined by the Internal Revenue Service (IRS) under this Handbook.
• Probationary Period. Probation (or probationary period) is a status given to new non-exempt employees for a certain period after being employed by the Employer (“Probation Period”). This status allows the Employer to evaluate the performance of a newly hired employee. The Probation Period will last for a maximum of [NUMBER OF DAYS] days and will conclude with a formal review of the employee by management.

3 – COMPENSATION

3.1 – Payment Schedule

Employees are paid on a ☐ Weekly ☐ Bi-Weekly ☐ Monthly basis. All employees will be paid by check, direct deposit, or by any other means mutually beneficial between the Employer and the employees. In the event a payday falls on a weekend or holiday, employees will be paid the last workday before said payday. If payment is not made before the last workday before said payday, the employees shall be paid as soon as possible afterward.

3.2 – Wages

Exempt employees (as defined in Section 2.2) will be paid based on an annually calculated salary. Non-exempt employees will be paid in accordance with all applicable federal and state laws. All overtime work by non-exempt employees must be approved in advance by the Employer.

3.3 – Deductions and Garnishment

The Employer shall make deductions from an employee’s pay as required by applicable laws, including, but not limited to, deductions for income tax withholding, Social Security and Medicare contributions, and in some cases voluntary deductions for health insurance premiums and other related contributions.

3.4 – Overtime Pay

Overtime is additional compensation that is provided to non-exempt employees when they work more than 40 hours in a workweek and is governed by the Fair Labor Standards Act (FLSA). The federal overtime rate is time and one-half per hour worked beyond 40 hours and does not include paid time off (PTO).

3.5 – Paid Time-Off (PTO)

In consideration to provide the best workplace environment, the Employer: (check one)

☐ – Does Not provide paid time off (PTO) as part of employment.
☐ – Provides paid time off (PTO) as part of employment for eligible employees. For non-emergency situations, paid time off (PTO) is required to be requested at least [#] day(s) prior to the requested date and is subject to the Employer’s approval.

Paid time off (PTO) shall include the following types: (check all that apply)

☐ – Bereavement. Eligible employees shall be entitled to [#] day(s) per year to mourn the death of a family member or close friend.
☐ – Jury Duty. If an employee receives a jury summons, the Employer agrees to pay said employee their normal hourly rate during the jury duty for the initial [#] day(s) less any payments received from the court. The employer reserves the right to require any such employee to provide proof of jury duty service and payments made by the court. Employees are expected to return to work if they are excused from jury duty during regular working hours or released from jury duty earlier than expected.
☐ – Personal Days. Eligible employees can take up to [#] personal day(s) per year as paid time off (PTO).
☐ – Sick Days. Eligible employees can take up to [#] sick day(s) per year as paid time off (PTO).
☐ – Vacation Days. Eligible employees can take up to [#] vacation day(s) per year as paid time off (PTO).
☐ – Voting. Eligible employees shall be allowed to take 1 (one) day off per year to vote in any local or federal elections. Said day off shall be considered paid time off (PTO).
☐ – Federal Holidays. Eligible employees shall be entitled to the following days off for the following holidays: (check all that apply)

☐ – Christmas Day
☐ – Columbus Day
☐ – Independence Day
☐ – Juneteenth
☐ – Labor Day
☐ – Martin Luther King Jr Day
☐ – Memorial Day
☐ – New Year’s Day
☐ – Presidents’ Day
☐ – Thanksgiving Day
☐ – Veterans Day

Unused Paid Time Off. If any paid time off (PTO) hours are not used by an employee, the unpaid hours shall be: (check one)

☐ – Forfeited.
☐ – Rolled Over to the next year. The number of hours available to rollover is: (check one)

☐ – Unlimited
☐ – Limited to a maximum of [#] hour(s).

3.6 – Maternity Leave

Eligible employees who are disabled on account of pregnancy, childbirth, or a related medical condition or has a spouse that needs support for such a condition are entitled up to: (check one)

☐ – The minimum time period as required under federal and state law.
☐ – [#] weeks off or the minimum time period as required under federal and state law, whichever is longer.

Such paid time off (PTO) may be requested for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth. Eligible employees wishing to take pregnancy leave must give notice to the Employer as soon as possible. Said time periods for maternity leave are calculated on an annual basis and shall be included as paid time off (PTO).

3.7 – Family Medical Leave Act (FMLA)

Eligible employees may request a family and medical leave of absence under the federal Family Medical Leave Act (“FMLA”) for any of the circumstances described below. Employees must request a planned family and medical leave as soon as possible before such leave begins. If the need for the leave is not foreseeable, employees must request the leave as soon as they become aware of the need for leave.

Family and medical leave may be taken for the following reasons:

• To care for an employee’s “serious health condition”;
• To care for an employee’s spouse or registered domestic partner, child, or parent with a “serious health condition”;
• To care for a covered servicemember (the employee’s spouse, child, parent, or next of kin) with a severe illness or injury.

A “serious health condition” is one that requires inpatient care in a hospital or other medical care facility or continuing treatment or supervision by a health care provider.

3.8 – Employer Benefits

The Employer offers the following benefits to eligible employees: (check all that apply)

☐ – Health Insurance. The Employer offers a group health insurance plan to all non-exempt employees. For more information on the specifics of the plan, please consult with the Employer on the specific options and plans.
☐ – 401(k) Plan. The Employer has a 401(k) plan providing a convenient payroll deductible method to help supplement employees’ retirement benefits. For more information on the specifics of the 401(k) plan, employees should consult with the Employer on the specific options and plans.
☐ – Other. [OTHER EMPLOYER BENEFITS]

The Employer offers the aforementioned benefits to eligible employees depending on the type of employment and other factors. This section is not meant to be extensive but rather provides general details about benefits available to employees. Contact the Employer directly for further information about eligibility or the specifics of employee benefits.

3.9 – Government Benefits

In accordance with federal and state laws, every employee shall be entitled to the following government benefits:

• Workers’ Compensation. Any employee who is unable to work due to a work-related injury or illness shall be eligible for Workers’ Compensation benefits in accordance with federal and state laws.
• Social Security Benefits (FICA). Both the Employer and the employees contribute funds to the federal Social Security program. This program is intended to provide the employees with retirement benefit payments and medical coverage upon reaching retirement age.
• Unemployment Insurance. The Employer pays federal and state taxes on all paychecks to provide employees with unemployment insurance coverage in the event they become unemployed through no fault of their own and due to other circumstances described by law. State agencies directly administer this insurance and determine benefit eligibility, amount (if any), and duration.

4 – RIGHTS AND POLICIES

4.1 – Equal Opportunity Employment

The Employer is an Equal Opportunity Employer, meaning employment opportunities are based upon one’s qualifications and capabilities to perform the essential functions of a particular job and free from discrimination because of race, religion, sex, national origin, age, veteran status, disability, genetic information, or any other characteristic protected by law.

The Employer’s Equal Employment Opportunity policy governs all aspects of employment including, but not limited to, selection, job assignment, compensation, discipline, termination, and access to benefits and training.

4.2 – Immigration Law Compliance

The Employer is committed to employing only United States citizens and aliens authorized to work in this country. In compliance with the Immigration Reform and Control Act of 1986, as amended, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present such documentation establishing the identity and eligibility of an employee. Former employees who are rehired must also meet the same said documentation if they have not in the past three (3) years.

4.3 – Accommodation for Employees with Disabilities

The Employer agrees to comply with the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA), and all applicable federal, state, and local fair employment practice laws and is committed to providing equal employment opportunities to qualified individuals with disabilities.

If any employee believes they need an accommodation due to a disability, said employee is responsible for requesting any such accommodation from the Employer.

An employee may make such requests orally or in writing and to include relevant information, such as:

• A detailed description of the accommodation being requested;
• A detailed reason for the accommodation; and
• How the accommodation will help said employee perform the essential functions of their duties and responsibilities.

4.4 – Minors

The Employer will hire in accordance with the Fair Labor Standards Act (FLSA) regulations pertaining to the employment of minors, in addition to any state regulations, including, but not limited to, hiring minors above the age of 14 years, assigning limited hours to employees under the age of 16 years, and only hiring employees above the age of 18 years for any work that might be deemed as hazardous.

4.5 – Relatives of Employees

In pursuit of best practices, the Employer reserves the right to decline employing an individual who is a relative of an employee or reassign or terminate the employment of someone who becomes the relative of another employee during the course of their employment. In the latter case, the employee must disclose, as soon as possible, if an employee is of another employee’s relation to the Employer.

4.6 – Privacy

The Employer is respectful of each employee’s privacy. All employee information, including but not limited to personal, demographic, and any other personal details, will be shared as required in day-to-day business activities.

4.7 – Confidentiality

The Employer takes its protection of trade secrets and confidential business information in a strict manner. All employees must maintain trade secrets and other confidential business information in confidence. Although, employees are free to discuss such issues with co-workers or third (3rd) parties for the purpose of improving work conditions. Employees found to violate this policy will be subject to disciplinary action, up to and including termination of employment.

5 – STANDARDS OF CONDUCT

5.1 – General

The Employer’s rules and standards of conduct are essential to a productive working environment. All employees must familiarize themselves with the Employer’s rules, and standards as each employee will be held to them.Theft or inappropriate removal or possession of the Employer’s property;

• Falsification of an employee’s timekeeping records;
• The possession, distribution, sale, transfer, public discussion, or use of alcohol or illicit drugs in the workplace;
• Fighting or threatening violence in the workplace;
• Gossiping or spreading rumors about other employees;
• Boisterous or disruptive activity in the workplace;
• Negligence or improper conduct leading to damage of Employer-owned or customer-owned property;

If an employee should have further questions regarding the aforementioned standards of conduct, they should speak directly with the Employer.

5.2 – Attendance

Absenteeism and tardiness place an undue burden on other employees and on the Employer as a whole. The Employer expects that every employee will be regular and punctual in their attendance. Employees are also expected to return from scheduled breaks and meal periods on time.

5.3 – Dress Code

The Employer and its employees agree that there is: (check one)

☐ – No Dress Code required as part of the day-to-day workplace conditions.
☐ – A Dress Code required as part of the day-to-day workplace conditions and is described as: [DRESS CODE REQUIREMENTS]

If the dress code is not followed, immediate disciplinary actions may be taken, which may include termination of employment.

5.4 – Safety

The Employer is committed to providing a clean, safe, and healthful work environment for its employees. Maintaining a safe work environment, however, requires the continuous cooperation of all employees. All employees must comply with all occupational safety standards and health regulations established by the Occupational Safety and Health Act (OSHA) including state and local laws.

5.5 – Discrimination and Sexual Harassment

Sexual harassment is a form of discrimination and is prohibited by law. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, and offensive work environment.

5.6 – Substance Abuse

The Employer is committed to maintaining a workplace free of substance abuse. No employee shall be allowed to consume, possess, sell, purchase, or be under the influence of alcohol or illegal drugs at the workplace or during work hours. The use of over-the-counter medications and legally prescribed drugs is permitted as long as they are used in the manner for which they were prescribed and provided that such use does not hinder an employee’s ability to perform their job safely.

As part of the Employer’s guidelines: (check one)

☐ – No drug testing is required as part of any person’s employment with the Employer.
☐ – Drug testing is required as part of a person’s employment with the Employer. All drug tests shall be administered in accordance with federal, state, and local laws and may be unannounced prior to administering a drug test.

5.7 – Social Media Policy

It is extremely important that all employees use common sense and careful judgment when communicating with others online. The Employer strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the Employer prohibits the use of electronic devices and other communication systems that are disruptive, offensive to others, and directly or indirectly harmful.

5.8 – Disciplinary Action

The Employer’s disciplinary action is intended to fairly and impartially correct behavior and performance problems early on to prevent reoccurrences. Disciplinary action may involve a verbal warning, written warning, suspension, or termination of employment, depending on the severity of the problem and the frequency of occurrence. The Employer reserves the right, at their sole discretion, to change, suspend, or cancel, with or without notice, all or any part of the policies, procedures, programs, and benefits discussed in this Handbook.

This Handbook is effective as of the undersigned date and may be updated at any time.

I, as an employee, acknowledge that I have read and agree to the above terms and conditions made in this Handbook.

 

Employee Signature: ______________________ Date: ___________

Print Name: _____________________________