Employee Handbook

ARE NEW YORK EMPLOYERS REQUIRED TO PROVIDE EMPLOYEES WITH AN EMPLOYEE HANDBOOK?

In New York State, employers have a legal obligation to provide employees written information about payday and the employer's policies on sick leave, personal leave, holidays and hours. New York Labor Law §§ 195 (1) (5). Most employers use an employee handbook to provide that information. Employers continue to be wary of creating an express or implied contract with employees either to provide a specific benefit or to create a right to continued employment. New York courts have found that a clear disclaimer in the employee handbook that it does not create a contract of employment will defeat claims that the employee has an implied or express contract of employment. Lobosco v. New York Telephone Company/NYNEX, 96 N.Y.2d 312 (2001).

Often employers will have two types of documents: an employee handbook and a policy and procedure manual for managers and supervisors. Generally, the purpose of the employee handbook is to communicate with employees about their employment. The purpose of the policies and procedures manual reflects the management purpose of the policies, that is, to record those policies and to ensure consistency.

The employee handbook is shorter and direct about important employer policies (e.g., sexual harassment, equal employment opportunity), employee benefits, expectations and consequences. The goal of any employee handbook is to get employees to read it. A policy and procedure manual can be more extensive and may provide supervisors with additional information.

Structure of Employee Handbooks:

It is generally advisable to place essential employer policies at the front of the handbook such as the sexual harassment policy and equal employment opportunity policy. Courts will often note the placement of these kinds of policies in the employee handbook as a measure of the employer's commitment to making the information accessible to the employees.

An employer might use the following structure for the handbook.

Part I:
Introduction/ Organization/ Receipt
Equal Employment Opportunity
Sexual Harassment Policy

Part II:
Employment Status/ Classification
Evaluation of Work Performance
Payday
Employment Benefits
Sick/ Personal Leave
Vacation Leave

Part III:
Termination of Employment (Discipline/ Standards of Conduct)

For assistance in developing an employee handbook, please contact Laurie Johnston at 607-273-4200 or lmj@millermayer.com.