2021 Employee Handbook Review: Stay up to date in changing times

As we look forward to a new year, this is a great time to think about what the upcoming months will look like to your business. As things (hopefully) begin to open up, many employers have talked about the aspects of this new world that will continue even after the pandemic.

Whether you’re wondering about keeping a virtual work model, building a permanent policy around sick leave or any of the other questions around this impact on your workplace, there is no cookie cutter answer. There is a lot of information out there, a lot of changes to keep up with and the jury is still out on what is best for employers and employees and our businesses. 

However, one thing is for sure, communication of these updates and changes is an important aspect of a connected organization. While employee handbooks themselves aren’t a legal requirement for your business, they can be critical documentation as you build the foundation and scale. If you do have an employee handbook, there are items the legally need to be included. Those items among the many gray areas created by the COVID-19 pandemic have increased the need for employers to review changes in remote-work, paid-leave and other policies.

For a comprehensive review, we recommend reaching out to an HR partner like Approach as required information can vary depending on the unique needs of your business. However, there are some topics that employment professionals have highlighted as priority for all organizations as we start 2021.

Remote-Work Rules
State and local stay-at-home orders and other efforts to stop the spread of the coronavirus led many workplaces to move their operations online in 2020. Some businesses decided made work-from-home options long term or permanent.

Even employers that plan to resume in-person operations may have to revise their policies on providing reasonable accommodations under the Americans with Disabilities Act and other anti-discrimination laws.

Not all jobs can be done from home, but the Equal Employment Opportunity Commission (EEOC) has said that allowing an employee to work from home could be a reasonable accommodation if an employee's disability prevents him or her from successfully performing the job onsite, unless the accommodation would cause an undue hardship for the business.

Leave Mandates
Employers might choose not to include temporary requirements in their handbooks, but they should consider developing policies and procedures for managing compliance while the rules remain effective.

Health and Safety Requirements
Employers should review guidelines from the federal Occupational Safety and Health Administration (OSHA) and state and local agencies that are meant to keep workers healthy and safe during the pandemic.

OSHA's existing standards cover pandemic-related safety risks. Specifically, all employers must provide a work environment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm." OSHA has also released COVID-19-specific guidelines for limiting workers' exposure to the coronavirus.

Anti-Discrimination Policies
Title VII of the Civil Rights Act of 1964 prohibits businesses with at least 15 employees from discriminating against workers based on protected characteristics with respect to terms and conditions of employment, including hiring, firing, laying off, training or disciplining. Protected characteristics include color, national origin, race, religion and sex.

In 2020, the U.S. Supreme Court held that "sex" discrimination under Title VII includes sexual orientation and gender identity.

We have learned a lot in the last year, so taking this knowledge forward is the smart thing to do. Keep your focus on productivity, mental health, growth and last but not least, job satisfaction. If you’re ready to review your handbook or create one for the first time, let us know. Having a dedicated HR resource that watches out for your best interest when laws change is the first step to staying up to date.

 

Original Source: Top Employee Handbook Updates for 2021

Ailee Nelson