Policies some laws require in writing
Even without a handbook, these duties apply where the law covers you:
| Requirement | Who it applies to | What it says |
|---|---|---|
| FMLA general notice | Employers covered by the Family and Medical Leave Act (FMLA) that have eligible employees | Put the notice in your handbook or other written leave and benefits guidance if you have it. If you do not, give a copy to each new employee at hire. Electronic delivery is allowed. (29 CFR 825.300(a)(3)) |
| Sexual harassment prevention policy (New York) | Every employer in New York | Adopt the state model policy or one that meets or exceeds it, and give it to employees in writing at hire and at every annual training, in English and the employee's primary language where the state provides a model. (NY Labor Law 201-g) |
| Harassment, discrimination and retaliation prevention policy (California) | Employers covered by the California Fair Employment and Housing Act | Develop and distribute a written prevention policy with the elements listed in state regulations, and give employees the Civil Rights Department information sheet on sexual harassment or equivalent information. (Gov. Code 12950; 2 CCR 11023) |
Other states have their own written-policy rules, and a few notices, such as the California and New York wage notices, must be separate documents rather than handbook pages. The California Civil Rights Department publishes a free sample policy.
Why a handbook still helps a small team
- It is one place for the notices and policies the law already requires you to hand out.
- Managers apply the same rules to everyone, which matters when a decision is later questioned.
- New hires get answers on pay, time off and who to talk to without having to ask.
- When you cross a size threshold (15 employees for most federal discrimination laws, 50 for the FMLA), you update one document instead of many emails.
What to put in it
- Welcome and how to use the handbook: it explains policies, it is not a contract, and the company can change it.
- At-will statement, where your state allows it.
- Equal employment opportunity and anti-harassment policy, with more than one way to raise a complaint and a promise of no retaliation.
- Pay: pay schedule, how hours are tracked for nonexempt employees, overtime approval, and how to report a pay error. See exempt vs non-exempt and overtime rules.
- Time off and leave: vacation or PTO, state paid sick leave, holidays, and family and medical leave. See paid sick leave laws and paid family leave states.
- Benefits overview, pointing to the plan documents for detail.
- Conduct, attendance and remote work expectations.
- Equipment, data security and acceptable use of company systems.
- Leaving the company: notice you ask for, return of equipment, and how final pay works. See final paycheck laws.
The at-will statement and the acknowledgment page
Most handbooks say that employment is at will (either side can end it at any time, for any lawful reason) and that nothing in the handbook is a contract. Write it plainly, and avoid promises elsewhere in the handbook that undercut it, such as guaranteeing a fixed set of warnings before anyone can be let go.
Montana is the exception to keep in mind: once an employee has finished the employer's probationary period, a discharge that is not for good cause can be wrongful under Montana Code 39-2-904. A Montana handbook should not promise at-will employment after probation.
Ask each employee to sign an acknowledgment that they received the handbook and will read it, and keep it in their personnel file. Collect a new acknowledgment when you make a material change.
Keeping it current
- Review it at least once a year. Paid leave and minimum wage rules change often.
- If you have employees in more than one state, keep a core handbook and add a short state supplement for each state.
- Do not copy another company's handbook as is. Policies written for a different state or a bigger company can promise benefits you do not offer or miss rules that apply to you.
- When you cross 50 employees, add the FMLA notice and an FMLA policy. See how to handle an FMLA request.
Common questions
Is an employee handbook legally required?
Not under federal law. But some laws require specific written policies or notices, such as New York's sexual harassment prevention policy at hire and the FMLA notice for covered employers, and a handbook is the usual place to keep them.
Do employees have to sign the handbook?
A signature is not generally required by law, but a signed acknowledgment shows the employee received the policies. New York does require a signed acknowledgment for its separate wage notice.
Can I use a free template?
Yes, as a starting point. Edit it for your state, your size and the benefits you actually offer, and remove anything that promises more than you intend.
How MambaHR handles this
MambaHR approves time-off requests within the policy you set, checks federal FMLA eligibility, and answers federal and state employment-law questions with the law cited. Unclear cases go to a person, and every change is logged.
Sources
- 29 CFR 825.300, FMLA employer notice requirements
- New York Labor Law 201-G
- New York Labor Law 195
- California Government Code 12950
- California Civil Rights Department: sample EEO policy for California employers
- Montana Code 39-2-904, Elements of wrongful discharge
- EEOC: Coverage of business and private employers
Last reviewed October 2, 2026. This page is general information, not legal advice. Laws change and exceptions apply, so check the sources above or an employment lawyer before you act on a specific case.