Employee handbooks form the foundation of an employer-employee relationship. If you are a Texas employer and don’t have an employee handbook, now is the time to create one. If you do have a handbook, now is the perfect time to review it and ensure that it contains all required clauses under state and federal law and accurately reflects the policies of your organization.
In this post, our Texas employment law attorneys have outlined the key clauses that must be present in a Texas employee handbook to keep your business in compliance. Let’s take a look.
Clauses Required in Employee Handbooks Under Federal & Texas State Law
Businesses in Texas and any other state must include certain provisions in their handbook to comply with federal laws. Those clauses include:
- Anti-harassment policy
- Equal employment and anti-discrimination policy
- Jury duty leave
- Family Medical Leave Act (FMLA) policy (if you have 50+ employees)
- Military service leave
Businesses in Texas must also include the following policies in their handbooks:
- Jury Duty Leave
- Crime Victim Leave
- Witness Duty and Court Appearance Leave
- Voting Leave
Let’s take a closer look at some of these.
Anti-Harassment Policy
No person should have to endure harassment of any kind in the workplace. To prevent harassment, be sure to clearly define harassment, including sexual harassment, and provide examples. You should also outline the steps for reporting harassment, describe the investigation process, and ensure employees that retaliation for reporting harassment is prohibited.
Anti-Discrimination Policy
Federal law prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information. Your handbook should clearly affirm the company’s commitment to providing equal employment opportunities in compliance with Title VII of the Civil Rights Act and Texas state law. Like the anti-harassment policy, you should lay out the steps for reporting alleged discrimination, the investigation process, and non-retaliation policy.
Also, if you have any affirmative action programs, your handbook is the best place to describe those.
Jury Duty Leave Policy
Under both Texas state and federal law, employees are entitled to take time off of work to serve on a jury without fear of losing their jobs or being retaliated against. Neither federal nor Texas law requires an employer to pay an employee while they are out on jury duty, but an employer may opt to do so if they wish. They may require that employees use any accrued paid time off if they wish to be compensated during their jury service.
These same rules hold true for witness and court appearance leave, voting leave, and crime victim leave (which is protected under FMLA).
Family Medical Leave Act (FMLA)
If you are an employer with fifty (50) or more employees, you are obligated to provide up to 12 weeks of unpaid leave in a given 12-month period for things like serious medical or health conditions, birth and bonding with a child, adoption or foster care placement, caring for a family member with a serious medical condition, caring for a family member with an injury due to military deployment (additional leave may be authorized).
All of these laws have intricacies that go beyond the scope of this article, and there are a host of additional policies that should go into your handbook, so it is best to consult with a Texas employment law lawyer when drafting an employee handbook.
Let Our Employment Law Attorneys Keep You Compliant
At the Sul Lee Law Firm, our lawyers are dedicated to helping businesses stay in compliance with state and federal laws. If you have questions about what should go into your employee handbook, we can help. Contact us today for a consult.