Written Policy

What Is a Written Policy?

A written policy is a formal, documented statement that establishes rules, procedures, expectations, or requirements for the workplace. In California, certain written policies are legally required, while others are strongly recommended to protect employers from liability and ensure consistent treatment of employees.

Written policies communicate expectations clearly, demonstrate compliance efforts, and provide a defense in employment disputes. They should be part of every employee handbook and distributed to all employees.

Why Written Policies Matter in California

California's employment laws create extensive employer obligations that are best managed through clear written policies:

Legal Protection

Benefit	Description
Defense in litigation	Documented policies show compliance intent
Consistent application	Written rules prevent disparate treatment claims
Employee notice	Policies establish what employees should know
Management guidance	Supervisors have clear rules to follow
Audit readiness	Documentation supports workplace audits

Operational Benefits

• Clear expectations reduce misunderstandings
• Consistent enforcement builds trust
• Training becomes easier with documented policies
• New managers have guidance from day one
• Policy violations are easier to address

Required Written Policies in California

California law mandates certain policies for employers meeting specific thresholds:

All Employers

Policy	Requirement	Citation
Injury and Illness Prevention Program (IIPP)	Written safety program required	Labor Code 6401.7
Paid sick leave	Written policy or use state default	Labor Code 246
Lactation accommodation	Written policy required	Labor Code 1034
Whistleblower policy	Notification and procedures	Labor Code 1102.5

Employers with 5+ Employees

Policy	Requirement	Citation
Sexual harassment prevention	Written policy required	Gov. Code 12950.1
Discrimination and harassment	Written policy required	Gov. Code 12940
Family and medical leave	Policy required if leave offered	Gov. Code 12945.2
Pregnancy disability leave	Policy required	Gov. Code 12945
Reasonable accommodation	Interactive process procedures	Gov. Code 12940

Employers with 50+ Employees

Policy	Requirement	Citation
FMLA policy	Written policy required	29 USC 2601
CFRA policy	Written policy required	Gov. Code 12945.2

Recommended Written Policies

Beyond legal requirements, prudent employers maintain policies on:

Employment Relationship

At-Will Employment Statement

Essential elements:

• Clear statement that employment is at-will
• Either party may terminate at any time
• No contract for specific duration
• Only authorized modifications in writing
• Signed acknowledgment by employee

Equal Employment Opportunity

Cover:

• Commitment to non-discrimination
• Protected categories (all California classes)
• Application to all employment decisions
• Complaint procedure
• No retaliation for reporting

Compensation Policies

Pay Practices

Document:

• Pay period schedule
• Payday timing
• Method of payment
• Direct deposit authorization
• Wage statement distribution

Overtime Policy

Include:

• California overtime rules (daily and weekly)
• Authorization requirements
• Recording procedures
• Prohibition on off-the-clock work
• Consequences for unauthorized overtime

Meal and Rest Break Policy

Specify:

• Break timing requirements
• Duration of breaks
• Duty-free requirements
• Recording procedures
• Waiver provisions
• Premium pay for missed breaks

Time and Attendance

Timekeeping Policy

Address:

• Time recording requirements
• Clock-in/clock-out procedures
• Meal period recording
• Correction procedures
• Prohibition on recording time for others
• Consequences for falsification

Attendance Policy

Cover:

• Notification requirements for absences
• Documentation requirements
• No-call/no-show procedures
• Progressive discipline for violations
• Accommodation exceptions

Workplace Conduct

Code of Conduct

Include:

• Professional behavior expectations
• Dress code (if applicable)
• Customer/client relations
• Confidentiality obligations
• Conflict of interest rules

Anti-Harassment Policy

Required elements:

• Definition of harassment
• All protected categories
• Examples of prohibited conduct
• Complaint procedures (multiple channels)
• Investigation process
• No retaliation assurance
• Corrective action
• Manager responsibilities

Electronic Communications Policy

Cover:

• Company equipment usage
• Email and internet guidelines
• Social media expectations
• Monitoring disclosure
• Privacy expectations (limited)
• Personal device use (BYOD)

Leave Policies

Paid Sick Leave

Include:

• Accrual method and rate
• Maximum accrual
• Use requirements
• Documentation (limited)
• Carryover provisions
• No retaliation

Vacation/PTO Policy

Specify:

• Accrual rates
• Eligibility
• Scheduling procedures
• Carryover or cap
• Payout at termination
• No use-it-or-lose-it (California requirement)

Other Leave

Document policies for:

• Bereavement leave
• Jury duty
• Voting leave
• Military leave
• School activities leave
• Domestic violence leave
• Crime victim leave

Safety and Health

Injury and Illness Prevention Program

Required elements:

• Responsibility assignments
• Compliance system
• Communication methods
• Hazard identification
• Accident investigation
• Hazard correction
• Training requirements
• Recordkeeping

Drug and Alcohol Policy

Consider:

• Prohibited conduct
• Testing procedures (with restrictions)
• Marijuana limitations (California)
• Prescription medication
• Consequences for violations
• Rehabilitation options

Policy Writing Best Practices

Language and Clarity

Do	Don't
Use clear, simple language	Use legal jargon unnecessarily
Be specific about requirements	Be vague about expectations
Define key terms	Assume understanding
Use consistent terminology	Change terms throughout
Write at accessible reading level	Overcomplicate

Legal Compliance

Include Required Elements

Each policy should specify:

• Who it applies to
• What is required or prohibited
• How to comply
• Where to report issues
• Consequences for violations

Avoid Problematic Language

Avoid	Why
"Permanent employee"	May undermine at-will status
"Guaranteed" employment	Creates potential contract
"Will be" disciplined	Removes discretion
Overly specific procedures	Creates obligations
Broad waivers	May be unenforceable

Policy Structure

Recommended format for each policy:

1. Purpose: Why the policy exists
2. Scope: Who is covered
3. Policy Statement: Core requirements
4. Procedures: How to implement
5. Responsibilities: Who does what
6. Reporting: How to raise concerns
7. Consequences: What happens for violations
8. Resources: Where to get help

Example Policy Structure

## Meal and Rest Break Policy

### Purpose
This policy ensures compliance with California meal and rest break
requirements and informs employees of their rights.

### Scope
This policy applies to all non-exempt employees.

### Policy

**Meal Breaks**
Employees working more than 5 hours receive a 30-minute unpaid
meal break before the end of the 5th hour. Employees working
more than 10 hours receive a second 30-minute meal break.

[Additional details...]

### Procedures
1. Employees must clock out for meal breaks
2. Supervisors may not require work during breaks
3. Employees must report any missed breaks to HR

### Consequences
Employees who are unable to take a compliant meal break will
receive one hour of pay at their regular rate.

### Questions
Contact Human Resources with questions about this policy.

Policy Distribution and Acknowledgment

Distribution Methods

Method	Advantages	Considerations
Physical handbook	Tangible reference	Update costs
Electronic handbook	Easy updates	Access verification
Policy portal	Always current	Technology dependent
Email distribution	Delivery proof	May be overlooked

Acknowledgment Requirements

Obtain signed acknowledgments:

• At hire with new employee orientation
• When policies are updated
• Annually as a best practice

Acknowledgment should confirm:

• Receipt of policies
• Obligation to read and understand
• Agreement to comply
• Understanding of at-will status
• No alteration of at-will relationship

Multilingual Requirements

California may require policies in other languages:

• Spanish translations for significant Spanish-speaking workforce
• Other languages based on employee demographics
• Required notices in multiple languages (SDI, PFL, etc.)

Policy Maintenance

Regular Review Cycle

Frequency	Action
Annually	Full policy review
Quarterly	Monitor legal changes
As needed	Update for new laws
Upon events	Respond to issues

Update Process

1. Identify changes needed: Legal updates, operational changes, problem areas
2. Draft revisions: Work with legal counsel
3. Review approval: Management and legal sign-off
4. Communicate changes: Distribute to all employees
5. Obtain acknowledgments: Document receipt
6. Train as needed: Ensure understanding
7. Update systems: Revise handbook, portal, etc.

Documentation

Maintain records of:

• Policy versions with effective dates
• Distribution records
• Signed acknowledgments
• Training records
• Related communications

Common Policy Mistakes

Mistakes to Avoid

Mistake	Problem	Solution
Outdated policies	Legal exposure	Regular review
Inconsistent enforcement	Discrimination claims	Training, auditing
Missing acknowledgments	Defense weakness	Systematic collection
Overly rigid policies	Operational inflexibility	Allow reasonable discretion
Policies without training	Ineffective implementation	Supervisor training
Policy-practice gaps	Undermined credibility	Align practice with policy

Enforcement Considerations

Written policies only protect employers when:

• Consistently applied
• Actually followed in practice
• Managers trained on requirements
• Violations addressed promptly
• Exceptions documented and justified

Well-crafted written policies form the foundation of your compliance checklist and provide essential protection for your organization. They should be living documents that evolve with legal requirements and business needs.