When hiring employees who reside and work in Delaware, your employee handbook must adhere to federal and Delaware employee handbook requirements. While employers aren’t required to have an employee handbook, they are required to implement and comply with a variety of policies in the workplace.
Employee handbooks are a good resource because they allow employers to easily document the required policies and show that they have complied with applicable law. Employee handbooks also offer an introduction to the company, act as a resource for employees and managers, and set expectations.
However, running afoul of state or federal law in your Delaware employee handbook policies could subject your company to significant legal risk. Drafting state-specific employee handbooks can be a time-consuming and costly task, particularly when expanding your workforce across multiple states.
Fortunately, SixFifty’s employment documents platform offers invaluable support to employers, simplifying state and federal compliance, making it faster and more cost-effective than ever. Here’s what you need to know about creating your own Delaware employee handbooks.
Required Delaware employee handbook policies
Delaware requires employers to implement and comply with eight state-specific employment policies:
- Crime Victim Leave Policy
- Domestic Violence Leave Policy (for companies with four or more employees)
- Election Officer Leave Policy
- Jury Duty Leave Policy
- Meal and Rest Breaks Policy
- Pay Transparency Policy
- Volunteer Emergency Responders Leave Policy (for companies with 10 or more employees)
- Voting Leave Policy
Note that two of the policies have employee thresholds. If your company is approaching those thresholds or plans to expand in the future, it’s usually best to include those now to save time later.
Optional Delaware employee handbook policies
In addition to the seven required Delaware employee handbook policies, employers may choose to include any or all of the following optional policies:
- Affinity Group Policy
- Arbitration Policy
- At-Will Employment Policy
- Background Check Policy
- Business Expense Policy
- Company Property Policy
- Confidentiality and Trade Secrets Policy
- Desk Hoteling Policy
- Direct Deposit Policy
- Dress Code Policy
- Drug and Alcohol Abuse Policy
- Electronic Devices While Driving Policy
- Employee Benefits Policy
- Employee Classification Policy
- Employee Dating Policy
- Employee References Policy
- Employment of Relatives Policy
- Exit Interview Policy
- Gifts Policy
- Health and Safety Policy
- Immigration Law Compliance
- Lactation Accommodation Policy
- Leave Policies, including: Paid Sick Leave; Parental Leave; Bereavement Leave; Organ, Bone Marrow, and Blood Donor Leave; Witness Duty Leave; School Activity Leave
- Marijuana Policy
- Off-Duty Use of Facilities
- Outside Employment Policy
- Overtime Policy
- Payment of Wages Policy
- Payroll Deductions Policy
- Performance Review Policy
- Personnel Files Policy
- Pets in the Workplace Policy
- Progressive Discipline Policy
- Public Relations Policy
- Punctuality and Attendance Policy
- Salary Pay Policy
- Social Media Policy
- Solicitation and Distribution of Literature Policy
- Technology Systems Policy
- Telecommuting Policy
- Temporary Relocation Policy
- Timekeeping Policy
- Vacation/Paid Time Off
- Video Conferencing Policy
- Workers’ Compensation Policy
- Workplace Violence Policy
- Workplace Visitor Policy
- Workweek and Work Schedules Policy
Depending on your organization’s type, structure, employment type, and other factors, you may not want or need to include all of the policies. For example, remote workers are unlikely to need a dress code policy or a workplace visitor policy.
Required federal employee handbook policies
All employee handbooks, regardless of state, should include the following federal employment law policies:
- Americans with Disabilities Act (ADA) Policy
- Equal Employment and Anti-Discrimination Policy
- Family Medical Leave Act (FMLA) Policy (for companies with more than 50 employees)
- Jury Duty Leave
- Military Service Leave
- Sexual Harassment Policy
- Lactation Accommodation Policy
- Religious Accommodation Policy
Employers in all 50 states are required to implement these policies, in addition to any that are required by the specific state(s) in which they do business. Therefore, all of your employee handbooks should contain these federal policies (if your organization meets the 50-employee requirement for the FMLA Policy).
How to create a Delaware employee handbook
Crafting your own Delaware employee handbook can be a tough task. The process involves meticulous attention to state and federal employment laws, as any failure to adhere to the regulations could expose your organization to legal risk.
Some employers opt to hire an attorney for handbook drafting, which is one of the safest options available. However, if you’re hiring in multiple states, the billable hours can quickly accumulate. Other employers might consider turning to online templates, but this approach is also risky. There’s no guarantee that one-size-fits-all employee handbook templates will encompass all the necessary state policies or appropriate language.
This is why SixFifty developed Employment Docs. Instead of delving into the research to comply with Delaware employment law, hiring a lawyer, or relying on a template, there’s a better way. Our platform enables you to generate your own customized, state-specific employee handbooks that fully meet Delaware employee handbook requirements. Employment Docs supports employers throughout the employment life cycle, from offer letters and employee handbooks to separation agreements and offboarding documents. Employment Docs generates top-tier employment documents—and best of all, our legal team diligently monitors changes to employment legislation nationwide. Should any new developments arise, we will notify you so you can update your handbooks accordingly.
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