A long-standing challenge for HR professionals has been bringing the rules in employee handbooks to life for workers so they know what employers expect of them. Regular updates, ongoing communication, and documentation of that communication are key to translating handbook policies into employee actions; they also show that the employer is complying with federal, state, and local laws.
‘Living, Breathing Documents’
“I often refer to handbooks as living, breathing documents,” said Chelsea Mesa, an attorney with Seyfarth in San Francisco. “Laws change so frequently that employers should recognize that they may decide to change a policy midyear based on a new case or a newly signed law.”
Mesa said that employers should:
- Include user-friendly language in handbook policies, tailoring them to the employer’s culture and voice so it’s easier for employees to digest.
- Translate the policies into the language(s) of the employer’s workforce, if the employer is aware its workers best communicate in a language other than English.
- Cluster policies on similar topics together so each section is a one-stop shop on that general subject.
- Have searchable headings that employees can easily find rather than having to scroll until they find what they’re looking for.
Frequent review of handbooks is necessary not only to keep up-to-date with legal requirements but also to stay on top of new trends, said Charles Hill, an attorney with Bird & Bird in London.
“The best example from the past couple of years is generative AI policies,” he said. “Generative AI is now such a prevalent tool being used by a large portion of the workforce, yet we are still seeing remarkably few employers implement policies to help encourage and regulate employee use of generative AI.”
Communication and Documentation
Christine Walters, J.D., an HR and employment law consultant with FiveL Company in Westminster, Md., said that when she was an HR professional, “we included about a 20-minute presentation in our new employee orientation program to cover or highlight key policies.”
New hires had up to 30 days to read the handbook and acknowledge receipt. The acknowledgment included four statements:
- I have received the handbook.
- I have read the handbook.
- I have had the opportunity to ask questions about any portions I do not understand.
- I will abide by the policies in the handbook.
“The last one we added after an employee filed a grievance after receiving corrective action. His defense was, ‘I signed for the handbook, but I never agreed to follow that policy.’ ”
Proactive employers build additional socialization of their handbooks into their day-to-day operations, Mesa said.
Some employers use their daily meetings or HR bulletins in emails and on their intranets to provide additional guidance on specific policies. This can be particularly useful for new provisions, said Joe Quinn, an attorney with Cozen O’Connor in Pittsburgh.
“The calendar gives an excuse to do so—a little proactive mention of the holiday policy and calendar at the beginning of the year, a reminder of voting rights in November, [and] a reference on how to use vacation management when spring breaks are on the way,” Mesa noted.
Most handbooks deal with employee life cycle issues, so there are easy opportunities to remind employees about rights and responsibilities and where to find the policies, she added. “Ultimately, employers have a better ability to have a collaborative relationship with their workforce if they clearly communicate expectations,” Mesa said. “The more times they do that, the more likely the employees will meet them or be able to be held accountable for not meeting them.”
A Thoughtful Approach Can Reduce Morale Impacts
Handbook changes can cause morale problems if employees believe a benefit is being taken away, Mesa said.
“Socializing changes to ensure employees understand how it impacts them—positively and negatively—will help in that regard,” she said. “Transparency is a good practice here. Employees don’t generally react well to surprises, especially when they believe the surprise to be bad.”
A unilateral announcement that a desired schedule will no longer be available will likely create negative responses, Quinn noted. If left unaddressed or unexplained, this will become a lingering morale problem for those affected.
“This effect can be softened, however, where employees are explained the situation giving rise to the change in advance,” he said. “In some situations, employee feedback can be solicited and considered. Even where that is not practicable, however, the explanation of a rationale for the change will go a long way toward dissipating such ill will.”
Walters said that she likes to start with the “power of why” a company is about to take a certain action. “Takeaways are challenging and sometimes cannot be avoided due to changes in market demands, fiscal issues, and more,” she said. “I find employees may still not like the message, but helping them understand the change is not one the employer is implementing unilaterally or without forethought can be helpful.”
Repeated communication and dynamic training are important as well, Quinn noted.
“An interactive engagement can only be accomplished by well-planned training exercises,” he said. “Attempts to solicit employee involvement by submission of written suggestions has a poor track record of success. Instead, it is better to require attendance and then solicit participation.”
Three Best Practices
Quinn highlighted three best practices related to employee integration of new or revised handbook policies:
- With ever-changing regulations and practices at work, employers need to better convey their expectations in a uniform and consistent manner. Handbooks are ideal for this, but only if they are kept up-to-date and reinforced over time.
- The most effective and most defensible means of handbook application will be with ongoing communication, including training targeted at employee expectations.
- Employers should document how they communicate and interact with employees regarding these issues.
Communicating employee handbook changes doesn’t have to be negative, said David Epstein, SHRM-SCP, director of human resources and talent strategy at Mobilization for Justice Inc. in New York City. “Rather, it can be integrated into an employer’s HR communication and compliance plan.”