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Top Three Reasons to Have a California Supplement to Your Employee Handbook

By Jaimie Graczyk posted 09-28-2023 10:53 AM

  

Employee handbooks are an excellent business tool for employers. They provide an effective means of communicating with employees, provide a general framework for administering summary guidelines consistently, and save management’s time by answering questions commonly asked by employees. It is essential to ensure that employers are regularly updating their employee handbook to account for internal policy changes and external changes, such as legislative updates.  

For employers with employees working in California, a California supplement to an employee handbook serves a handful of important purposes, the top three of which are discussed below. 

Maintain Compliance with California Laws and Regulations 

Various California laws and regulations require employers to maintain written policies outlining the employer’s and employee’s obligations with respect to the law. For example, California law requires employers to have a written lactation accommodation policy that contains specific information. California law also requires employers to have a written discrimination, harassment, and retaliation prevention policy that California employees sign acknowledgment of. That signed acknowledgment should be kept in the employee’s personnel file and should be updated each time the employer updates its California handbook or EEO policies. Other California laws, including certain local laws, require policies or procedures to be in writing, whether that is in an employee handbook or some other written medium. 

Allow California Employees to Understand Additional Policies that Apply to Them  

Because a national handbook cannot account for every state law that applies to an employee’s employment, having a California handbook supplement allows California employees to understand which state and local laws apply to their employment. It can also outline the employer’s notice procedures and other requirements for employees requesting certain information. For example, the California Family Rights Act (CFRA) applies to employers with five or more employees. Only California employees who are eligible for this type of leave are entitled to take it. Employers can outline specific procedures in a written CFRA policy, including an employee’s eligibility and notice obligations, certification requirements, and other procedures to allow employers to properly administer the leave. Given California’s unique myriad of employment laws, a California handbook supplement can help the employee understand which laws apply to them and what the employer’s policy is with respect to that law.   

Allow Management and HR to Understand Which Laws Apply to California Employees  

Not only does a California handbook supplement allow California employees to understand which laws apply to them, it also allows management and HR professionals to understand which laws apply to their organization. This helps organizations understand whether a particular leave applies to a California employee’s leave request, how pay practices differ in California than in other states, and identify numerous other state and local laws that can apply to the employer. If an employer fails to apply an applicable law to an employee’s employment, the employer is risking a violation of that law.  

If your organization has even one employee working in California, a California handbook supplement, regularly updated to account for legislative changes and activity, can serve a vital purpose. 

Our California Legal Services team partners with employers to create and update their California handbook supplements. Because new or amended California employment laws are passed almost every year, it is best for employers to update their California handbook supplement annually. Please contact us at CAinfo@employerscouncil.org for assistance 


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