PPB November 2018
action, up to and including termination”). Do not include procedures : Procedure manuals should contain step-by-step instructions as to how to perform a task or handle a situation. For example, a discipline policy explains the general types of discipline while a discipline procedure will include what form to use, how to complete that form, how and where to hold conversations, what to do if an employee reacts negatively, etc. Include an acknowledgment form: Make sure the employee signs off on a document acknowledging: • his/her receipt of the handbook and understanding he/she is to follow the policies • that the handbook does not create an employment contract • that policies are guidelines and are not all-inclusive • all policies (except employment at will, if applicable) can be changed, amended, or removed at any time and that the employee is expected to follow those amended policies File the original signed acknowledgement form in the employee’s file and give the employee a copy to keep. Do not include other acknowledgment forms or agreements: Keep other agreements (such as arbitration, confidentiality and non-solicitation agreements) out of the handbook. Instead, include general language regarding these areas of conduct expectations and possible repercussions in the handbook. Include policies covering important conditions of employment: Employee handbooks should include the expectations of the company for the employee and vice versa. Company requirements usually include attendance, behavior, conduct, personal appearance and safety. Employee expectations usually include pay procedures, time off, leaves of absence and insurance benefits. Do not include policies for and/or give to independent contractors: While certain policies may also apply to independent contractors (such as non-harassment/sexual harassment, non-discrimination, and non-retaliation), most policies are not applicable to contractors. Policies such as benefits, time off, work schedules and time tracking are parameters that companies, by definition, cannot dictate for independent contractors. Since an employee handbook is a legally binding document, it should be developed and/or reviewed by an HR professional or employment attorney. If you have had problems in the past such as an EEOC or harassment charge or decision, it is highly recommended to have it reviewed by legal counsel. Paige McAllister is a contributor for Affinity HR Group, Inc., PPAI’s affiliated human resources partner. Affinity HR Group specializes in providing human resources assistance to associations such as PPAI and its member companies. www.affinityHRgroup.com . Q&A With Claudia St. John Send your human resources-related questions for Claudia St. John to ppb@ppai.org . Select questions will be answered in future issues. Q We have a valued and cherished employee who has suddenly developed a serious medical condition. We are a small company with 17 employees. We would like to extend time off with pay to her, but it’s not our standard policy to do so. Can we do this for her? A As a business owner, you can certainly do as you wish, and she would benefit from the consideration you are giving her. One word of caution: in granting her this benefit, you are setting a precedent. Should other employees face a similar situation, would you treat them similarly? Treating one “special” employee uniquely does leave you open to potential claims of preferential treatment and discrimination going forward. Just be sure to consider the precedent you are setting when making accommodations for your “special” employees. Q I am new at my company. I have learned that our interview process is very loose—there is very little structure to what we ask and how we ask it. Do you have any recommendations? A The interview is a critical piece of the recruiting process and, if handled correctly, it can be effective. If not, it can be worthless or, worse yet, illegal. Here’s what we recommend: • Use a panel interview where multiple people are interviewing the candidate at the same time. • Know in advance who will be on the interview team and what questions will be asked. • Ask the same or similar questions of all candidates. • Stick to the script; try not to get off track or be influenced by non-work-related questions or conversations. • Most importantly, avoid prohibited interview questions. You can find a list of them at http://www.affinityhrgroup.com/ content/you-asked-what-questions-in-the-candidate-interview. Claudia St. John, SPHR, SHRM-SCP, is president of Affinity HR Group, LLC 76 | NOVEMBER 2018 | THINK
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