1. HR Compliance Unit 6: Handbooks

2. Overview Practical handbook advice Top ten handbook issues for independent schools Quiz questions Questions from the class

3. Quiz Question Are schools required to have an employee handbook? a.Yes b.No, but it’s best practice.

4. Practical Handbook Advice How long should the employee handbook be? Should schools have a separate handbook for faculty and staff? How should the employee handbook be disseminated? How often should the handbook be reviewed/revised?

5. Top Ten 1. At Will Employee handbooks and employment contracts must be consistent. If some employees are on a term contract then the handbook should not say that all employees are at-will.

6. Top Ten 2. Not a Contract Do not incorporate the handbook into the employment letter. You can reference it but don’t make it part of the contract. Do say in the handbook that the document is not a contract of employment.

7. Top Ten 3. Maternity Leave Paid maternity leave v. Paid parental leave v. Paid medical leave Think through discrimination analysis Apply it consistently

8. Top Ten 4. Leave Policies Leave policies should work together. – FMLA policy should state whether employees must use paid leave, and specify which paid leave, while on FMLA – STD, LTD, Workers Comp, and other paid leave should state that they run concurrently with FMLA when applicable Have a policy on how to use PTO, sick, vacation leave (advanced notice, who to call, etc.)

9. Top Ten 5. Progressive Discipline Describe steps in progressive discipline – Coaching – Counseling – Written warning But don’t promise to follow each step before terminating employment Do say that the school reserves the right to terminate employment immediately at the discretion of the head of school

10. Quiz Question Q: Are independent schools required to offer paid leave to faculty and staff? a.Yes, but only for staff. b.No, but they do anyway. c.No, unless required by applicable state law. Q: Are independent schools required to offer paid leave to faculty and staff? a.Yes, but only for staff. b.No, but they do anyway. c.No, unless required by applicable state law.

11. Top Ten 6. Social Media Policy Not having one Having one that prohibits employees from voicing concerns about what might be “protected concerted activity” Being silent on whether employees can “friend” or connect with students on social media Schools must also address general “acceptable use of technology”

12. Top Ten 7. Benefits Schools often describe all health, dental, retirement, and disability benefits in the employee handbook. That’s ok, but don’t include too much detail that might contradict the plan documents or may become quickly outdated as plan documents change. Better to include a summary description and then reference the plan documents. Do state that the if there is any inconsistency between the handbook and the plan documents, the plan documents govern.

13. Quiz Question Q: Are schools required to have a whistleblower policy in their employee handbook? a.Yes, but it only needs to protect employees who make complaints to law enforcement. b.It is considered best practice based on Sarbanes Oxley and the Form 990, and may be required by state law. c.Only under state law. Q: Are schools required to have a whistleblower policy in their employee handbook? a.Yes, but it only needs to protect employees who make complaints to law enforcement. b.It is considered best practice based on Sarbanes Oxley and the Form 990, and may be required by state law. c.Only under state law.

14. Top Ten 8. Confidentiality Policy Include a confidentiality policy – Confidentiality of student information including medical information, family information, pictures, grades, and discipline history. – Confidentiality of information regarding to school and other employees. – Identify who is responsible for responding to media.

15. Top Ten 9. Intellectual Property School owns intellectual property rights to lesson plans, curriculum, technology advancements, passwords to resources, etc. If special assignment leads to creation of work product, identify whether employee can take that work product to another school or sell it. Some cases may require additional steps to secure copyright or trademark.

16. Top Ten 10. Acknowledgment Handbook acknowledgement should be signed by each employee. Schools should retain proof that employees received handbook, including updates to handbooks. Don’t have employees acknowledge that they “have read” the handbook if they just received it five minutes before they have to sign the acknowledgment. INSTEAD, have employees acknowledge that it they understand that it is their responsibility to read and understand the handbook.

17. Top Ten Bonus! Email Policy NLRB issued recent guidance regarding employee use of email Employers cannot prohibit employees from using work email for purposes of union organizing efforts including after hours.

18. Questions?