Issues to Address in Your Employee Handbook

By Tanya Nardone, Esq.

Nardone Limited believes employee handbooks are important because they: (i) communicate expectations and benefits to your employees; (ii) provide certain protections to your dental practice; and (iii) are beneficial to employee morale. More specifically, you should include the following policies and procedures or address the following issues in your employee handbook: 

1.   At-Will Employment Disclaimer 

The language in your employee handbook should clearly state that: (i) your employees are at-will; and (ii) the handbook does not imply or create any type of employment contract or right. In an at-will employment relationship, either the employee or the employer can terminate the relationship at any time, with or without cause or notice, so long as the reason for termination is not unlawful (e.g. does not violate anti-discrimination laws or result in wrongful termination). Furthermore, all employees should sign an acknowledgement that: (i) their employment is at-will; and (ii) they have read, understand, and have been given the opportunity to ask any questions about the handbook.

 2.   Equal Employment Opportunity and Anti-Harassment Policy and Complaint Procedure

Federal and state laws protect individuals from discrimination, including illegal harassment, based on race, color, religion, sex, and other similar protected classes. Educating your staff on discrimination and anti-harassment, and having clear discrimination and anti-harassment policies and corresponding complaint procedures in your employee handbook, is key to preventing and addressing potential discrimination and harassment concerns in your dental practice.

 3.   Employee Conduct 

Your employee handbook should also provide: (i) performance and behavior expectations; and (ii) examples of prohibited conduct. An employee conduct policy should include rules that are designed to: (i) maintain a professional, pleasant, safe, and productive work place; and (ii) to promote a profitable business.

 4.   Paid and Unpaid Time Off Policies

All employees are interested in the leave time their employer provides. To ensure your employees are made fully aware, your employee handbook should include policies and procedures on leave time, such as vacation, sick leave, holidays and any other paid or unpaid leave the practice provides.

5.   Employee Attendance Policy 

Your employee handbook should also implement and consistently enforce a strict attendance policy that includes a procedure to efficiently communicate an absence or tardiness.  Because frequent absences could diminish the quality of care your dental practice provides, it is also important to inform your employees that excessive absences could result in disciplinary action or termination.

 6.   Workplace Safety

Your employee handbook should include a general workplace safety policy and all employees, upon hire, should complete a workplace safety acknowledgment. Your dental practice should also maintain policies and procedures on specific safety topics, such as bloodborne pathogens, hazard communication and emergency action plans, a fire prevention plan, and an exit route policy ― as required by the Occupational Safety and Health Act (“OSHA”).

 7.   Confidentiality Policy

Federal and state laws require strict confidentiality with regard to patient information. It is also important for your dental practice to protect its business records and documentation. For these reasons, your dental practice should maintain a strict confidentiality policy.  You should consult an attorney to discuss ways to make sure your practice stays in compliance with all applicable laws and implements the necessary policy and procedures to maintain confidentiality of patient information and practice business records and documentation.

If your practice does not have an employee handbook or you want to update your current employee handbook, you should work with an experienced employment attorney who can help you create a comprehensive and effective handbook for your dental practice.