Questioning the Contagious Illness Policy in an Employee Handbook?
21 April 2023
There's a reason we write our Employee Handbooks a certain way...
Received the funniest email from a client. They had sent Paychex a copy of the Employee Handbook draft we created for them. First, Paychex asked if there was a reason why they would not want to use the handbook provided by Paychex, then they offered this as their first guidance:
"You do not want language that prohibits employees from coming into work, while keeping safety a priority. You may want to change the language or remove the policy altogether. "
Here is the policy they took issue with, directly from the handbook we created:
"Contagious Illnesses - XXX shares concerns with many of its employees to reduce the chance of transmission of serious illnesses within our company. Because of this, we request that employees do not report to work if they are experiencing any extreme symptoms of illness. Although we request that employees “self-regulate” these symptoms, management may require employees stay home when experiencing symptoms.
Extreme symptoms include, but are not limited to:
• Fever over 100°F
• Vomiting or diarrhea
• Severe sore throat
• Severe headache or body aches not related to overexertion or injury
Please note: if an employee is experiencing the above extreme symptoms and those extreme symptoms are the result of a medical condition that is not contagious (e.g., pregnancy or chronic condition), the employee is not required to stay home.
Management reserves the right to require employees to provide doctor’s certification for an employee’s fitness to resume full job duties after extended or regular absences. Furthermore, abuse of this policy will be considered a violation and may result in disciplinary action up to and including termination of employment."
THIS is exactly why we replace 99% of handbooks our clients bring to us after signing up. Not only was Paychex advice quantifiably bad for the office cubicle type of companies they normally support, but to say you shouldn't encourage sick employees to stay home when your teams are entering customer homes is absolutely ridiculous! Especially in this post-COVID world, your company will not survive if customers fear for their health when they do business with you. While it may cause a temporary inconvenience, sick employees can and should stay home.
End of rant... You decide. If you have an Employee Handbook produced by Paychex, ADP, or any other "wizard," it is worth your time to give me a call to discuss better solutions.
A guide to the types of employee drug testing: Pre-Employment, Post-Accident, Random Selection, and Reasonable Suspicion.
Employees can be your greatest asset... or your biggest frustration. When issues come up, here are some steps to make sure you respond appropriately instead of just reacting from emotions. Trust us, you'll get much better results this way.
Hold your employees to the standard of being PROFESSIONAL representatives of the Trades, not just technical experts, and you greatly minimize the risk of getting hit with an EEOC settlement. Here's why.
Written warnings can be key in managing employees, so you need to know both the art and the science of doing them correctly. These tips for what to include - and what NOT to include - in your written warnings will help you to communicate clearly to your employees, and get you set to defend yourself in a potential legal claim against you.
You need a strong Brand and good company culture to attract - and keep - the best employees. Here are some tips for how to showcase your home service company as a great place to work and take the first step towards successful recruiting.
From Labor Law Posters to Safety Manuals – everything your staff needs to boost compliance and morale, in one dedicated spot. Having an up-to-date and complete Employee Resource Center will give you the peace of mind to run your business without worrying about compliance.
Reasonable Accommodations in the workplace are no joke - you can get into serious legal trouble if you don't comply with the ADA. Yet here's a case study on a company who terminated someone for an issue directly related to their disability and was not held legally liable. Check out the details of how this might apply to your business.
Home services companies might be tempted to classify workers as independent contractors, but we STRONGLY advise you to hire them as W-2 workers instead. And it's not just because the government might fine you (big time!). Read more for tips on why it'll be in your company's best interest.
Listen to The H.R. Guy explaining the nuances of HR for the Trades in 2025, with tips on common HR pitfalls and how to avoid them, the value of Stay Interviews, key mistakes with performance pay, and the ultimate goal of "Representing the Brand."
You thought you were rid of that toxic employee, but now he's causing you even more problems - posting negative Google reviews and refusing to return company property. Why is this happening?