Create a Holiday Policy

There is no federal law that requires private employers to pay employees for holidays that are not worked, pay additional for working on holidays or even to give time off for holidays but it has become common practice and most of your employees will expect it.

Christmas, New Years, Thanksgiving, Memorial Day, Independence Day (Fourth of July) and Labor Day are traditional work holidays. Is it your policy to make those paid holidays? Does the Employees class; full time, part time, probationary, play a role in whether they are paid for the holiday or not? For example; full time may be paid but part time hourly might not. Do you have union agreements in place for some employees that regulate the issue?

There are a number of days that have become virtual holidays in many companies such as the day after Thanksgiving (Black Friday), Christmas Eve, and New Years Eve. There are also holidays that are recognized by some governmental agencies such a Washington's Birthday, Columbus Day, Veterans Day and Martin Luther King's birthday. There are also religious holidays that are important to your employees.

Establish what holidays your recognize, if you will pay employees, in not all which employees will be paid and will you give time off if not paid. Start with the six traditional. If you decide they are to be paid holidays then examine the other days. One solution is to make the six traditional holidays paid then have a number of "floating" holidays that you can assign to those virtual holidays depending on how they fall in the week so you can allow the employee to take advantage of long weekends. If they are not to be paid holidays can your employee work if they choose or are they required to take the day off?

If your employee asks for a religious holiday that is not a holiday under your policy will you allow the time off or is the employee required to use a vacation day? Will the time off be paid? If you allow one employee special considerations will other employees want their own special considerations?

Are you in a business where you need employees to work those days; retail, medical, emergency services? Will you pay "holiday pay"; double time, 1½ time?

When I first started my company I gave my employees half days on Christmas and New Years Eve and thought I was being generous. When we were busy and I asked employees to work Black Friday there was grumbling. Even if the policy is absolutely clear to you put in writing so there is no misunderstanding. It is far better for an employee to know they are going to be required to work then be given the day off than expect a holiday and have to break plans because they are needed at work.

 Original Content Copyright 2010 Thomas Robinson

Drug and Alcohol Policy

Unfortunately a policy on the use of drugs and alcohol in the work place is an essential part of an Employee Manual. Your policy should be clear and in plain English not legalese.  The policy should state why you have a policy, what your policy is and the consequences of violating those policies. Below is a a simple Policy you can adopt to your needs.

Policy on the Use of Drugs and Alcohol in the Work Place.

·         Drugs and Alcohol are disruptive and unsafe on the job.

·         Use or sales of illegal drugs at any time by any employee on the job or off is strictly prohibited.

·         Use of alcohol on the job or prior to the job or at any time such that the employee is under the influence when they report to work is prohibited.  This policy shall extend to all company facilities, vehicles, customer's facilities, company functions whether work of social and any place the employee may be seen as representing the company.

·         The company has the right to test for  drugs and alcohol prior to hiring, at any time there is a reasonable suspicion of intoxication and after any work place accident whether the accident results in injury or not.  Reasonable suspicion may include but not be limited to physical evidence or use, erratic behavior or drop off in work productivity.

·         Use of over the counter drugs that impact the employee's ability to perform their assigned tacks safely and efficiently are also prohibited. Employees are required to inform their supervisor of any prescription or over the counter drugs which may cause unsafe conditions or limit the employee's effectiveness so the supervisor can take appropriate steps to protect the individual and the company.

·         The employee will cooperate with reasonable searches by the company of company property and employee's property brought onto company property.

·         At the company's option the company may but is not required to cooperate with treatment and employment may continue as long as treatment is completed and the company has a position for the individual upon completion of the treatment. The company is not obligated to pay in whole or in part for any treatment.

·         The company has the right to suspend or terminate any employee for violation of its drug policy.  

·         Use of illegal drugs or Alcohol or reporting to work under influence will result in immediate suspension or discharge.

·         The company will report illegal drugs to appropriate law enforcement and turn over any suspected drugs or paraphernalia to said law enforcement.

If you have government contracts or union contracts make sure you policy is compliant with those agreements.  If you do work at a customer's workplace make sure your policy conforms to the customer's policy.

Remember if your employees are "at will" you can terminate them for violation of your drug policy even if you do not tell them that is why you are terminating them.  If you chose to suspend them your level of proof might actually need to be higher. For example if an employee's work production falls off and you find a half empty bottle of liquor in their desk you can terminate them and you do not have to even tell them why. If you suspend them you will need to tell them why they are being suspended or there will be no benefit of the suspension.  You may expose the company and you personally to legal arguments (not my bottle) and therefore liability.

Original content copyright 2010 Thomas Robinson