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FROM HANDBOOKS TO MUST-HAVES: A Q&A ON HR DOCUMENTATION

By Kristina Dietrick, PHR, SHRM-CP, president, HR Partners

QWhy does a business need an employee handbook? Is it a legal requirement? Although a company is not legally required to distribute an employee handbook, it is a good business practice to follow. Not only does an employee handbook provide employees general information regarding company policies, procedures and benefits, it also outlines company expectations and provides information related to company culture. Creating and enforcing a well-written employee handbook provides a solid foundation so employees have a reference point for important employment information. The most critical component of an employee handbook is an acknowledgement form for employees to sign and confirm their understanding of the information within the handbook.

QWhat is the importance of having job descriptions for the employees of a company? Job descriptions provide many benefits to both the employee and employer. Major elements of a job description include the Fair Labor Standards Act (FLSA) status (exempt or non-exempt), the physical requirements of the position, the responsibilities of the position and the minimum qualifications required to perform the job duties. Job descriptions also may include the direct report supervisor, work schedule and, most importantly, an acknowledgement of understanding requiring the employee’s signature. Not only do job descriptions provide specific information to employees regarding their position, they also may be utilized during performance evaluations to measure overall performance outcomes specifically tied to the responsibilities of the position.

Additionally, job descriptions are essential in responding to requests for accommodations under the Americans with Disabilities Act (ADA) and processing return to work releases under both the ADA and the Family Medical Leave Act (FMLA). A good job description is a win-win for both the employer and the employee.

Q

When hiring a new employee, is there a checklist of the “must haves” with HR documentation?

The required documents may vary from one company to another. Various forms employers should always provide to employees for completion include, but are not limited to, an offer letter, employee data and emergency contact information, job description acknowledgement, employee handbook acknowledgement, benefit enrollment and/or waiver form, required employer model notice under the Affordable Care Act, W-4, K-4, Kansas Department of Labor New Hire Report, direct deposit or required payroll information and the federal I-9 form with required forms of employee identification.

Q

My personnel files are a mess! What is the “legally proper” system of what to keep and not keep, and where to file it?

Various federal, state and local employment laws have specific recordkeeping and retention requirements. We recommend our clients create a personnel file checklist to assist in properly maintaining a clean and orderly filing system. Each employee should have a general personnel file and a confidential personnel file.

The general personnel file should contain information such as performance evaluations and disciplinary documentation, which should be filed by date with the most recent information located on top. All documents containing protected and/or non-job-related information such as date of birth, marital status, dependent information, SSN’s, medical information, credit information, immigration status, national origin, race, gender, religion, sexual orientation, criminal history, financial history, etc., should be filed in a confidential file separate from a personnel file. a select few individuals, such as a direct supervisor, should have access to an employee’s general personnel file. The human resources department and the president/CEO of the company should be the only individuals who have access to an employee’s confidential personnel file. F

HR Partners, a woman-owned, regional human resources consulting firm in Topeka, Kansas, specializes in human resources outsourcing and consulting services, audits, assessments, compliance, training and organizational development, as well as executive recruitment. HR Partners’ professional team has extensive knowledge and experience to develop customized solutions to fit an organization’s needs and culture. For more information, call 785.233.7860, 800.635.2310 or visit www.hrpartnersks.com.

Dietrick

Both general personnel files and confidential personnel files should be filed in a secure location at all times. Only

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