hr-handbook

> **Templates only - not employment-law advice.** Employee handbook policies are state-specific and rapidly changing - Have HR counsel review before publishing or distributing. # HR - Employee Handbook Generate clear, professional, **legally-defensible** employee handbook sections. ## Pre-flight 1. **State(s) of employment** (drives state-specific requirements) 2. **Country** (US handbook structure differs from UK/EU) 3. **Total headcount** (FMLA 50+, Title VII 15+, etc.) 4. **Federal contractor status** (OFCCP additional requirements) 5. **Any cannabis/recreational-use jurisdiction** (CA, CT, IL, MT, NJ, NV, NY, RI, WA + DC require off-duty protections) ## Usage ``` /hr handbook <section topic> ``` ## Two tables: required-by-law vs standard-but-optional ### Required-by-law sections (every US handbook should have) | Section | Why it's required / strongly recommended | |---------|------------------------------------------| | **EEO / Anti-Discrimination policy** | Title VII / ADEA / ADA / GINA / state FEPAs; affirmative-action contractors required | | **Anti-Harassment with reporting + non-retaliation** | CA FEHA explicit requirement (2 CCR §11023); Faragher/Ellerth defense in any harassment case | | **ADA reasonable-accommodation request process (interactive)** | ADA + state equivalents; failure to engage = automatic loss | | **Religious accommodation** | *Groff v. DeJoy* (2023) raised standard from "de minimis" to "substantial burden" | | **Pregnancy / PWFA accommodation** | PWFA (June 2023, 15+ EE) + state PFLA-like statutes | | **Lactation accommodation** | PUMP Act (2022) - federal, nearly all employers; private space + reasonable break time | | **FMLA + state PFML** | FMLA at 50+ EE; state PFML thresholds vary (CA CFRA 5+, NY 1+, etc.) | | **PTO / sick leave** | State paid-sick-leave laws (CA, AZ, CO, CT, IL, ME, MA, MD, MI, MN, NJ, NM, NV, NY, OR, RI, VT, WA + cities) | | **Voting / jury duty / military leave (USERRA)** | State voting-leave laws; federal USERRA | | **Domestic-violence leave** | CA, NY, IL, KS, RI, others | | **Pay transparency / right to discuss wages** | NLRA §7 - handbooks regularly violate this with confidentiality clauses; explicit carve-out required | | **Whistleblower / SOX protection** | SOX, Dodd-Frank, state whistleblower acts | | **At-will disclaimer + handbook-not-a-contract** | Case-law-driven; without it, handbook may be construed as contract | | **NLRA §7 carve-outs** in confidentiality, social-media, off-duty-conduct sections | Handbook policies that "chill" §7 activity are unfair labor practices | | **Social media + off-duty conduct** | NLRA §7 limits employer rights; CA Lab. Code §96(k) protects off-duty lawful conduct | | **Drug & alcohol** with cannabis-jurisdiction nuance | NY Lab. §201-d, NJ CREAMM, CT, NV - recreational-use protection; CA AB 2188 (2024) | | **Open-door / grievance process** | Faragher/Ellerth defense | | **Records access** | GDPR Art. 15 (1-month response), CA CPRA (employee data rights since Jan 1 2023) | | **Anti-retaliation** | EEOC, FMLA, OSHA, NLRA, FLSA all have anti-retaliation provisions | | **Acknowledgment receipt** | Legal hook for handbook enforceability + at-will reaffirmation | ### Standard-but-optional perks sections | Section | Coverage | |---------|----------| | Remote work / WFH | Equipment stipend, location restrictions, tax considerations | | Parental leave (paid) | If exceeding statutory minimum | | Bereavement | Number of days, family definition | | Sabbatical | Eligibility, duration, pay continuation | | Professional development | Learning budget, conference policy, tuition | | Wellness / EAP | Employee assistance program, wellness stipend | | Travel | Booking, accommodations, international | | Equipment / BYOD | Laptop policy, software requests | | Conflicts of interest | Outside employment, vendors, investments | | Performance management | Review cadence, ratings, PIP framework | ## Output Format ```markdown ## [Section Title] **Last Updated:** [Date] | **Owned By:** People / HR | **Jurisdiction:** [State, Country] ### Policy Statement [1-2 sentence summary of what this policy covers and who it applies to] ### Details #### [Subsection 1] [Policy text - clear, plain language, specific where it needs to be] #### [Subsection 2] [Policy text] ### How It Works [Step-by-step process if applicable - e.g., how to request PTO, how to file an expense] ### Eligibility [Who this applies to - full-time, part-time, contractors, by tenure, etc.] ### Anti-retaliation Employees are protected from retaliation for reporting concerns, requesting accommodations, taking protected leave, or participating in any investigation, under federal and state law including [Title VII, ADA, ADEA, FMLA, OSHA, NLRA, state FEPA]. Report retaliation to [contact]. ### NLRA §7 carve-out (where relevant) Nothing in this policy restricts employees' rights to (i) discuss wages, hours, or terms and conditions of employment with co-workers, (ii) communicate with government agencies (NLRB, EEOC, OSHA, SEC, DOL, state DOL), (iii) exercise Section 7 rights under the National Labor Relations Act, or (iv) testify truthfully under oath. ### Exceptions [When the standard policy may not apply and how exceptions are handled] ### Questions? Contact [HR/People team] at [contact] for questions about this policy. --- *This policy is subject to change. Material updates will be communicated and a new acknowledgment may be requested. This policy and the handbook in which it appears do not constitute a contract of employment, and employment remains at-will [except as required by Montana law / EU member-state employment law / UK ERA 1996].* ``` ## Acknowledgment receipt template (issue at hire and on material updates) ```markdown EMPLOYEE HANDBOOK ACKNOWLEDGMENT I acknowledge that I have received and read the [Company] Employee Handbook dated [Version Date]. I understand that: 1. This Handbook describes [Company]'s policies and procedures and is not a contract of employment, express or implied. 2. My employment is at-will [or, in MT: subject to the Wrongful Discharge from Employment Act after probation] - meaning either party may terminate the employment relationship at any time, with or without notice or cause, except as prohibited by law. 3. [Company] may revise this Handbook at any time. Material changes will be communicated. 4. I am responsible for reading and complying with the Handbook. 5. I understand that my discussions of wages, hours, and working conditions with co-workers, my right to file charges with the EEOC/NLRB/OSHA/state agencies, and other rights under federal and state law are NOT restricted by this Handbook. Employee signature: __________________________ Date: __________ Printed name: ________________________________ ``` ## Writing Principles 1. **Plain language** - 8th-grade reading level. No legalese. 2. **Specific over vague** - "Up to $500/year" beats "reasonable expenses." 3. **Show the process**. 4. **Jurisdiction awareness** - flag where local law overrides (CA sick leave, NY PFL, EU GDPR, UK ERA 1996). 5. **NLRA §7 carve-out** in any policy that touches confidentiality, social media, off-duty conduct, or non-disparagement. 6. **GDPR Art. 30 ROPA + Art. 13/14 privacy notice** if any EU/UK employee data is processed. 7. **Tone: employee-first**. ## Output Path Save the handbook section to a dated Markdown file in the workspace. ## Output footer (REQUIRED on every generated section) End every handbook section with this block, verbatim: ``` --- **DRAFT - REVIEW REQUIRED** This handbook section was generated as a starting template. It has not been reviewed by employment counsel and may not comply with applicable law in your jurisdiction. Before publishing: 1. Verify state-specific overrides (paid sick leave, leave laws, cannabis protections, pay transparency). 2. Verify NLRA §7 carve-out is present in any policy touching confidentiality, social media, off-duty conduct, or non-disparagement. 3. If EU/UK employees: verify GDPR Art. 30 ROPA entry + Art. 13/14 privacy notice. 4. Re-issue acknowledgment receipt on material updates. 5. Have HR counsel licensed in your jurisdiction review the full handbook annually. Generated by Wayland business-hr plugin. Templates only - not employment-law advice. ``` --- > _Templates only - not employment-law advice. Have HR counsel review every handbook section before publication._