Employee Handbook Review Checklist (PA)

Summary

This checklist outlines the main issues for private, nonunionized employers to consider when reviewing employee handbooks (also known as employee manuals) under federal and Pennsylvania law. It also addresses required, strongly recommended, recommended, and optional policies to include in a Pennsylvania employee handbook (for more detail on required, strongly recommended, recommended, and optional policies, see the first bullet point under "Key Handbook Review Issues," below). In Pennsylvania, a properly drafted handbook complies with an employer's notice requirements under state and federal law, reduces the risk of employer liability, and places employees on notice of their rights and responsibilities to the employer. In Pennsylvania, employee handbooks or manuals are generally not considered binding contacts. However, failure to follow certain provisions can demonstrate the existence of an implied contract. Failing to follow select provisions, like payment of accrued vacation, may create a binding obligation.