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On the first day at a new job, most of us probably arrive wondering things like, “What will it be like to work here?” “What will my role entail?” and “How will I learn everything I need to know in order to do my job?” Whether you are a new hire or a longtime employee at your nonprofit, it always helps to have a roadmap to guide your day-to-day professional journey. Any organization with paid staff should have a narrative document or handbook that describes key employment policies. This personnel manual or employee handbook will offer support to your employees while helping to show them the ropes at your organization. Employee handbooks are an effective risk management tool used to mitigate myriad risks related to managing paid staff—but handbooks can also invite risk if they are not drafted, reviewed, shared, and enforced appropriately.
Employee handbooks exist on a wide spectrum—ranging from those that are actually read, respected, and applied, to those that are downright dangerous and expose your nonprofit to legal and employment practices risks. Creating effective employee handbooks and organizational policies are a good risk management practice; they increase the likelihood of a shared and consistent view about the organization’s values and key policies. They also provide a helpful roadmap for supervisors and managers charged with enforcing policies.
A nonprofit employee handbook is more likely to cause grief than good when it:
Problem…Solved!
Most employee handbooks contain a routine “acknowledgement” page at the very end, asking each new employee to acknowledge their receipt and review of the nonprofit’s HR rules. Yet from time to time, a new hire may refuse to sign the acknowledgement. What’s an HR manager or nonprofit CEO to do? Here are three options.
So what is a handbook truly meant to achieve, and how can nonprofit leaders lend a helping hand(book) that protects their organizations from the legal risks and cultural challenges described above? To begin, design your handbook with the following qualities in mind:
Aside from embedding these qualities and values into your employee handbook, try the following tips to keep your handbook fresh, helpful, and fun to read.
Spice It Up! Modernize Your Employee Handbook
Some of the most troublesome handbooks reference obsolete policies and incorrect information. A stale handbook invites behaviors that simply do not support your organization’s mission and future. Handbook elements typically become stale for one of two reasons:
If the examples above resonated with you, then it’s time to revitalize your handbook so it speaks to your 21st century employees. Be bold with your handbook—make it accessible, educational, and if possible, entertaining for your employees. Consider the value of entertainment in regards to your handbook—while it’s not typical to draft a handbook that is ‘fun’ to read, maybe that’s part of the reason why employees often fail to fully read their handbooks! Try these creative approaches to handbook drafting:
Last, watch out for these four things to never include in a handbook:
Overly Broad Policies May Violate the NLRA
In March 2015 guidance from the National Labor Relations Board (See Memorandum GC 1504), the agency provides specific examples of overly broad handbook language that violates Section 7 of the National Labor Relations Act (NLRA). Also provided are examples of permissibly narrow language. Handbook drafters and Personnel Committees creating or revising a nonprofit’s handbook should review the the Memorandum before completing their work.
The following are examples of language the NLRB considers overly broad, and therefore in violation of employee rights under the NLRA:
When an employer requires employees to be respectful to customers, competitors, and the like, without specifically mentioning or narrowly focusing on management or the company itself, the workplace conduct rule is unlikely to violate Section 7 of the NLRA.
Memorandum GC 1504 contains the following examples of permissible workplace conduct rules:
An important consideration for handbook drafters is to avoid overly broad rules that could “chill” protected concerted activity that is specifically protected under the NLRA. For more information, visit www.nlrb.gov.
The employee handbook should be viewed as a cornerstone—a revered piece of your organization’s foundation, and a resource that employees celebrate rather than denigrate. If your handbook is nonexistent or simply doesn’t live up to this description, then get to work drafting a handbook that you are proud to hand to your new hires. Happy handbooking!
Erin Gloeckner is the former Director of Consulting Services at the Nonprofit Risk Management Center.
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