Although no state or federal law requires an employer to have an employee handbook, there are many policies and procedures the law does require employers to communicate to employees. Many employers use an employee handbook to describe the employer’s history, mission, values, policies, procedures, and employee benefits. A well-written employee handbook also answers many routine questions employees may have and avoids using additional time and resources of employees, the human resources (HR) department, or managers in answering those questions.
Employers often require each employee to sign a written acknowledgment of receiving the employee handbook—but must be careful not to have the handbook construed as an employment agreement, which might change the employee’s status from an at-will employee who can be fired or terminated at will to an employee who can only be fired or terminated for cause.
Employers must also be careful to avoid overly broad statements in the employee handbook that restrict the ability of employees to discuss wages and other terms and conditions of employment—including criticisms of the employer—which are known as protected, concerted activities.
In Kansas, as in other states, there is no specific state or federal law mandating that employers provide an employee handbook. However, employers in Kansas often create handbooks to communicate important policies and procedures, including those that are legally required to be disclosed to employees, such as equal employment opportunity policies, anti-discrimination and harassment policies, and family and medical leave entitlements under the FMLA for eligible employees. These handbooks serve as a resource for employees to understand their benefits, the company's values, and the expectations of their workplace. When distributing handbooks, Kansas employers typically ask employees to acknowledge receipt to confirm that the employees have access to the policies. It is crucial for employers to ensure that the language in the handbook does not inadvertently create a contractual obligation or imply guaranteed employment, as this could conflict with the at-will employment doctrine prevalent in Kansas. Additionally, employers must be cautious not to include provisions that could be interpreted as restricting employees from engaging in protected activities, such as discussing wages or other terms and conditions of employment, as protected under the National Labor Relations Act (NLRA).