Checklist for a California Workplace Policy Handbook
With the blank slate of a coming new year come the resolutions. No matter the size of an operation, making sure a business has an adequate and up-to-date employee policy manual should be high on the list.
A California workplace manual should include:
- Definition of at-will employment status
- Work schedules, meal and rest breaks
- Equal employment opportunity
- Unlawful harassment prohibited
- Paid sick leave benefits
- Pregnancy disability leave (5 or more employees)
- Lactation accommodation
- Application of the California Family Rights Act (CFRA) (5 or more employees)
- Application of the federal Family Medical Leave Act (FMLA) (50 or more employees)
- Company confidentiality rules
- Privacy rules and limits, including inspections of employee work areas and personal property
- Prevention of violence
- Injury and illness prevention plan
- COVID-19 protocols
Depending on workforce size, best practices would also include written policy on:
| Law or Policy | Number of Employees on Payroll |
|---|---|
| Crime Victim’s Leave | Any number |
| Crime Victims’ Leave: Legal Proceedings/ Reasonable Accommodation (CA Labor Code sections 230.2 and 230.5) | Any number |
| Jury Duty | Any number |
| Military Leave | Any number |
| School Visits Involving Suspensions | Any number |
| Smoking in the Workplace | Any number |
| Volunteer Civil Service Leave | Any number |
| Voting | Any number |
| Witness Duty | Any number |
| Workers Compensation Leave (aka Leaves for Occupational Disability) | Any number |
| Harassment Prevention Training | 5 or more employees |
| Paid Organ and Bone Marrow Donor Leave | 15 or more employees |
| Civil Air Patrol Leave | 16 or more employees |
| Alcohol/Drug Rehabilitation Programs | 25 or more employees |
| Domestic Violence, Sexual Assault and Stalking Victims’ Leave: Time Off for Medical Treatments (CA Labor Code section 230.1) | 25 or more employees |
| Literacy Education | 25 or more employees |
| Military Spouse Leave | 25 or more employees |
| School Visits | 25 or more employees |
| Emergency Rescue Personnel Training | 50 or more employees |
Other Required Distributions: While not in the scope of a typical employee handbook, employers, depending on workforce size, must separately distribute policy and related forms on:
| Cal-COBRA
(re: continuing health insurance for a departing employee) |
2 or more employees |
| COBRA
(re: continuing health insurance for a departing employee) |
20 or more employees |
| WARN Act (plant closure/mass layoffs) |
75 or more employees |
| Equal Employment Opportunity (EEO) Reporting
(a compliance survey mandated by federal law to support civil rights and prevent workplace discrimination) |
100 or more employees |
Industry- and Operation-Specific Policies: Employers should also include industry- or operation-specific policies, e.g., affirmative action plans and/or specialized nondiscrimination programs for certain federal/state contractors and subcontractors; Affordable Care Act rules; policies consistent with collective bargaining agreements for union employees; and summary plan descriptions for any ERISA-covered retirement or health benefit plans.
Multistate Operations: Companies employing workers in multiple states should consider: ● distributing separate employee handbooks which comply with the laws of each such state; ● distributing one multi-state handbook with state-specific addenda; or ● applying the laws of the most restrictive state in which you have employees to all your company locations.
Hire-to-Fire Template Agreements and Forms: Sound practice also dictates a full set of updated hire-to-fire agreements and forms, including but not limited to job applications, employment agreements, “alternative dispute resolution” (mediation and arbitration) agreements, and many more.
See also:
- Find Out What’s New in 2022 – Annual Seminar for Employers Covering Employment Legal Essentials and New Workplace Laws for 2022. (November 24, 2021)
- What’s New in 2022 Law on The Wall – Required Postings in the Home Office(October 28, 2021)
- What’s New in 2022 – In-laws Are People Too; California’s Expanded Family Medical Leave Now Covers Parents-in-Law (October 19, 2021)
- Good Workplace Policy is Boss – Our Template Handbook & Forms for 2021 (May 28, 2021)
Our firm offers updated template policies and forms and works regularly with clients on customizing such guidelines for particular operations.
To order or for more information, contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.