2020-2021 Handbook Updates & Changes

As leaders, we cannot forget the evolving and sweeping legislative changes that continue at the federal, state, and local levels. Research, webinars, legal updates and utilizing our networks is providing some guidance to these ever-evolving legal changes for employers to understand and implement. As many of us are working remotely, it is a good time to begin reviewing and updating employee handbooks, policies and procedures.

Recommendations on 2021 Handbook Updates & Changes:

1. Family Medical Leave Act Updates: With the recent changes to FMLA related to the pandemic, it is a good time to review and update this section as required under both federal and state law. Remember, the federal leave and poster does have an expiration date, but those dates can always be extended. This will include any Paid Family Leave and FFCRA. Remember the FFCRA does expire December 31, 2020, that does not mean its going away. 
2. State Required Sick Leave: New York State passed similar paid sick leave laws that have been required in New York City for a number of years. The effective date is January 1, 2021, regardless of the unanswered questions many organizations currently have. Organizations need to be aware of these requirements, update policies, payroll systems and handbooks. I would encourage every organization to review PTO, sick leave, personal leave and vacation policies as well. For any paid or unpaid leave, I recommend organizations to review call-in notice and procedures. Also, reviewing attendance policies is encouraged during this review.
3. Equal Employment Opportunity & ADA Language: States have adopted equal pay, hairstyle discrimination, etc. that will impact your EEO policy statements. I encourage all organizations to review and update these sections as needed. The law continues to evolve related to equal employment and disability accommodations and discrimination. This should be reviewed annually. New York State passed changes that should be reviewed and updated.
4. Drug Free Workplace & Testing Policies: Another section I encourage you to review in relation to the EEO and ADA language, as states and cities are adopting specific laws around preemployment marijuana testing. Understand these requirements, DOT laws (if applicable) and update accordingly. Continue to watch for medicinal and recreational marijuana legislation across the country, this includes no preemployment testing legislation. 
5. Pandemic Policy or Handbook Language: I think we have all learned from this experience and will be better prepared moving forward. I encourage all organizations to update or create a section on a pandemic or an organization-wide shut down. This can include any paid or unpaid leave language, including how seniority and accruals might be impacted.
6. Sexual Harassment: Laws in New York State have changed related to the state recommended sexual harassment policy and reporting time. This language should have been updated earlier in 2020. However, it is important for us to review and update.
7. At-Will Employment Language: Ensure this section is clearly communicated and understood by all employees. It should standout in the handbook and handbook or policy signoff section. I write this into the handbook, the employee signature page and the sexual harassment policy signoff.
8. Telecommuting Policy: Implementing a telecommuting or flexible work policy is necessary if your organization has employees working remotely. I recommend having employee’s signoff on this policy.

These are just a few thoughts and recommendations on handbook, policy and employee manual changes to consider and update in 2021. Labor and employment laws are complex and ever evolving. Doing a quick Google search on employment policies isn’t the best option, take the time to understand what is required by the federal, state and local government. Any changes should be communicated throughout your organization with signoffs to ensure employees are aware and fully understand the handbook or manual changes. Reviewing the employee signoff form is also recommended as part of the updates.

Below is a link to The Upstate HR Podcast:

The Upstate HR Podcast

Below is my recent book publication:

Recent Book Publication: $74,000 in 24 Months: How I killed my student loans (and you can too!)

– Matthew Burr, HR Consultant

[email protected]

Burr Consulting, LLC

Blog: What’s New in HR

ITunes: The Upstate HR Podcast

Facebook: Burr Consulting, LLC

LinkedIn: Burr Consulting, LLC

Twitter: @Burrconsulting