Employee Handbooks (CONT’D FROM PAGE 22)
• Email policies “Employment manuals should make clear that employ- ees do not have an expectation of privacy in their elec- tronic communications over their employer’s network,” said Cassat. This policy applies to more than just email. Modern workplace communications include a host of elec- tronic transmissions, such as text messages, Zoom video calls, and social media posts. All can be transcribed and searched and are potentially discoverable in employment disputes. “The handbook should state that all communications become the property of the business,” said Gregg. “That is in effect fair warning that everything an employee com- municates may be viewed, even if the person deletes it.” • Drug policies “Businesses want their employees to show up, be
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ready and able to work, and not be impaired by drugs or alcohol,” said Novak. “And that expectation should be in- cluded in the handbook.” The handbook may also include a statement to the ef- fect that employees will not be penalized for seeking help by accessing the services of the company EAP or other resource, and that time off will be provided for rehab. This may be balanced by a statement that the company may terminate addicted employees who do not utilize available resources. • Medical privacy Your handbook should affirm the company’s compli- ance with the Genetic Information Nondiscrimination Act (GINA). That means your company will not collect employ- ee genetic or family medical history. As with overtime, this will help provide a “safe harbor” against lawsuits for al- leged discrimination occurring as a result of such informa- tion. Gregg added that companies should inform medical providers they do not want to be given information about the medical history of an employee’s family. And general terms should be used when physicians communicate em- ployee-related medical topics. Rather than state that Andy is absent from work because of a “heart condition com- mon to his family,” the doctor should use a general term such as “serious medical condition.” CONTINUED ON PAGE 26
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