1
Define your employment classifications first
Before writing any policy, decide how you classify workers β full-time, part-time, temporary, and contractor β and what each classification means for benefits eligibility. These definitions cascade through every other section.
π‘ Align your FLSA exempt and non-exempt classifications with actual job duties before publishing β misclassification is one of the most common and costly HR compliance errors.
2
Draft the EEO and anti-harassment policy
State your non-discrimination commitment, list protected classes under applicable federal, state, and local law, and name a specific reporting channel for complaints. Define what an investigation looks like.
π‘ Check your state's protected class list β many states add categories beyond federal law, including sexual orientation, gender identity, and military status.
3
Write compensation and payroll policies
Specify pay periods, payday schedule, overtime eligibility by classification, and how expense reimbursements are processed. Include a clear statement about paycheck corrections.
π‘ State your jurisdiction's final pay rules explicitly β some states require final wages within 24β72 hours of termination, and handbook silence creates risk.
4
Outline leave and time-off policies
Cover PTO accrual or grant method, sick leave, all statutory leaves (FMLA, state parental leave, bereavement, jury duty), and the request-and-approval process. State what happens to unused PTO at separation.
π‘ In states with mandatory sick leave laws (California, New York, Illinois, and others), your accrual rate must meet or exceed the statutory minimum β confirm before publishing.
5
Write the code of conduct
Address professionalism, conflicts of interest, confidentiality, social media, and workplace relationships. Be specific about what constitutes a conflict and how to disclose it.
π‘ Have your social media and confidentiality sections reviewed against NLRA guidance β overbroad restrictions on discussing wages or working conditions are routinely struck down by the NLRB.
6
Document disciplinary procedures and grounds for termination
Describe your progressive discipline steps and list conduct categories β misconduct, gross negligence, fraud β that may result in immediate termination. Add a catch-all for serious violations not explicitly listed.
π‘ Avoid the word 'will' in discipline policies β 'the company will issue a written warning' creates an obligation. Use 'may' to preserve management discretion.
7
Add the at-will disclaimer and acknowledgment form
Include a clear statement that the handbook is not an employment contract and does not alter at-will status. Attach a detachable acknowledgment form employees sign and return to HR.
π‘ Store signed acknowledgment forms in each employee's personnel file β electronic or paper. In a wrongful termination claim, this is often the first document your attorney will ask for.
8
Review for consistency and distribute
Read the complete handbook for internal contradictions β especially between the discipline section and termination policy. Have a manager or HR professional who was not involved in drafting review it cold before distribution.
π‘ Date-stamp every version and retain superseded copies. When a policy is updated, distribute a written notice and collect a new acknowledgment from all affected employees.