Client Alert: Employee Handbooks

What would happen if you had denied a pregnant employee their right to prenatal leave hours and you operate your business in New York? It was not in your handbook, but it is certainly among the employees’ rights in NY.

Many businesses do not realize that their handbooks are out of date until it is too late. If you can’t remember the last time you updated your employee handbook, assume it’s time to do so. It is recommended that you review your business’ handbook at least once a year and with an employment attorney that is aware of new and pending laws on the state and federal level. When you choose to update your handbook is completely up to you. Most choose the beginning of the year to remember the annual tasks they should complete for their business.

I mentioned that handbooks should be updated annually. New federal or state laws may have changed and those can have an impact on workplace policies. Even if there were no significant changes to labor and employment law, reviewing the language and policies for accuracy is recommended. Does your handbook consider social media posts? Is your handbook still a physical copy or do you have an electronic version available? Do you have up-to-date leave policies?

In recent years, there have been state-specific updates on paid time off laws and other workplace regulations which may also need to be reflected in handbooks.

For example, in the past year New York instated the following laws and regulations:

• New York has implemented the First-in-the-Nation Paid Prenatal Leave Law, effective Jan. 1, 2025. Privately employed pregnant New Yorkers are now entitled to 20 additional hours of paid leave for prenatal care.
• New York’s law prohibiting discrimination based on an employee’s reproductive health decision making now requires notice of the law in all employee handbooks.

If you’re unsure of the new and upcoming laws, reach out to your employment attorney to assist with updating your handbook to stay compliant. Each industry has its own unique set of standards from small to mid-sized businesses with no in-house HR teams to heavily regulated spaces such as healthcare, hospitality, and retail. Remaining compliant should be at the forefront of your priorities to ensure that your business is protected.

What Can an Employment Attorney Do?

Labor and employment attorneys can assist businesses by:

• Updating existing handbooks to reflect new laws.
• Drafting clear, customized policies to meet state requirements.
• Addressing key issues like paid time off, parental leave, and workplace conduct.

Business owners - do not wait until you have been sued for adverse practices because you did not update your handbook. This is a timely way to start the year off right and strengthen trust and morale within your team.

If you have any questions or need assistance with making sure your employee handbook is legally compliant, please contact Patrick T. Collins, Esq. at ptcollins@norris-law.com and 908-252-4237. To see our full list of services, please visit the Norris McLaughlin, P.A. Labor & Employment page.