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Employee Handbook Template by State: Selected Clauses

An employee handbook template by state can draw on selected at-will and leave clauses, remote expense rules, recordkeeping guidance, and agency references.

What to take away

  • Federal law is the floor. State rules add paid leave, expense reimbursement, and longer records.
  • The at-will sentence must name who can modify the relationship and disclaim supervisor promises.
  • Use the table below to pull the state clause, leave wording, remote expense rule, and record period.
  • Keep a signed acknowledgment for the version each employee received.
  • An unlawful policy can force a rescission and notice posting, not just a fine.

Who has jurisdiction over your handbook

The DOL Wage and Hour Division enforces FLSA minimum wage, overtime, hours worked, and payroll records. The EEOC enforces harassment and posting rules. The NLRB enforces Section 7 rights in all workplaces. State labor offices add leave, break, and notice rules. Payroll tax language comes from IRS Publication 15.

Who Enforces What

Agency

DOL Wage and Hour
FLSA wage, overtime, records
EEOC
Harassment and posting rules
NLRB
Section 7 rights
State labor offices
Leave, break, notice rules
IRS Publication 15
Payroll tax language

Enforces

DOL Wage and Hour
EEOC
NLRB
State labor offices
IRS Publication 15

What a compliant disclosure contains

A usable at-will statement has four parts. It states the relationship is at will. Either side may end it at any time, with or without cause or notice. It names the owner or officer who can change that in writing. No supervisor can alter it by spoken promise. For state wording, use the table below.

Four Parts of At-Will

  • States relationship is at will
  • Either side may end anytime
  • Names owner who can change in writing
  • No supervisor can alter by spoken promise

Confidentiality rules sit in the same section. The NDA Template for Employees explains when a one-way agreement fits better than a mutual one.

Leave disclosures follow the DOL FMLA page: twelve months of service, 1,250 hours in the prior year, and a worksite with 50 employees within 75 miles. State paid family leave and sick leave belong here, because they run together.

Records to keep

Keep payroll records for three years and supporting documents such as timesheets for two years under the FLSA. California wage records run four years. For each employee, keep:

How Long to Keep Records

  • Payroll records3 years
  • Supporting documents2 years
  • California wage records4 years

Records to Keep Per Employee

  • Signed acknowledgment page for version in force
  • Prior versions with effective dates
  • Timesheets and hours worked, off-clock messages
  • Leave requests, approvals, denials with dates
  • Remote work agreements and expense claims

The DOL fact sheet on hours worked covers remote staff who answer email after hours. States with their own recordkeeping statutes set longer windows, so keep the longest period that applies. Home internet and mileage claims belong in the same file. The guide to Track Mileage and Per Diem shows how to match a claim to its source document.

What happens if you do not

The NLRB applies the Stericycle standard, decided Aug. 31, 2023, and still the test as of this article's date. A work rule is unlawful when it reasonably tends to chill employees in the exercise of Section 7 rights. The remedy includes rescinding or rewriting the rule and posting a notice to employees.

Board membership has changed since 2023, and the standard can be revisited. Check recent Board decisions or ask labor counsel before you rely on one reading.

Three Consequences of Noncompliance

  1. NLRB: rule chills Section 7 rights
  2. WHD: back pay for misstated overtime
  3. Court: handbook read as implied contract

The Wage and Hour Division adds a second layer. A handbook that misstates overtime for remote staff can lead to back pay and review of the acknowledgment page as evidence of what each employee was told.

A third consequence lands in court. A handbook that promises warnings before termination can be read as an implied contract. An employee dismissed without those steps may sue for breach instead of being limited to an at-will dismissal. Documentation also feeds finance review, and the profit and loss forms checklist covers what an outside reviewer will ask to produce.

Selected state-by-state clauses

Use this exact at-will sentence for every state except Montana: "Employment is at will; only the owner may change terms in writing. No supervisor can alter this." For Montana, use: "Employment is at will during probation; after 6 months, good cause is required. Only the owner may change terms in writing."

Standard vs Montana At-Will

Standard (49 states)

At-will period
Always
After 6 months
Still at will
Who changes terms
Owner in writing
Supervisor promises
Cannot alter

Montana

At-will period
Probation only
After 6 months
Good cause required
Who changes terms
Owner in writing
Supervisor promises
Cannot alter

Copy the leave, remote expense, and records wording from the row that fits each employee. Where a row says there is no state remote expense rule, the federal minimum wage floor is the only limit on what you owe. The employee handbook overview lists standard sections to include.

StateLeave clauseRemote expense ruleRecords
ArizonaAccrue 1 hour of paid sick leave per 30 hours worked, up to 40 hours a year, or 24 hours for employers with fewer than 15 employees. Ariz. Rev. Stat. 23-372, eff. July 1, 2017.No state remote expense rule.3 yrs, 29 CFR 516.5.
CaliforniaAccrue 1 hour per 30 hours worked, at least 40 hours a year. Cal. Lab. Code 246, minimum raised to 40 hours eff. Jan. 1, 2024. Paid family leave pays 8 weeks.Reimburse necessary business expenses, Cal. Lab. Code 2802.4 yrs, Cal. Lab. Code 1174.
ColoradoAccrue 1 hour per 30 hours worked, up to 48 hours a year. Colo. Rev. Stat. 8-13.3-401, eff. Jan. 1, 2021. Family leave pays up to 12 weeks, benefits began Jan. 1, 2024.No state remote expense rule.3 yrs, 29 CFR 516.5.
ConnecticutAccrue 1 hour per 40 hours worked, up to 40 hours a year. Conn. Gen. Stat. 31-57c, eff. Jan. 1, 2016. Paid leave pays 12 weeks, benefits began Jan. 1, 2022.No state remote expense rule.3 yrs, 29 CFR 516.5.
DelawareNo paid sick leave statute. Paid family leave benefits are scheduled to start Jan. 1, 2026, capped at 6 weeks in the first year.No state remote expense rule.3 yrs, 29 CFR 516.5.
HawaiiNo paid sick leave statute. Temporary disability insurance only, Haw. Rev. Stat. ch. 392.No state remote expense rule.3 yrs, 29 CFR 516.5.
IllinoisAccrue 1 hour per 40 hours worked, up to 40 hours a year. 820 ILCS 192, eff. Jan. 1, 2024.Reimburse necessary expenditures, 820 ILCS 115/9.5, eff. Jan. 1, 2024.3 yrs, 29 CFR 516.5.
MaineAccrue 1 hour per 40 hours worked, up to 40 hours a year. 26 M.R.S. 637, eff. Jan. 1, 2021.No state remote expense rule.3 yrs, 29 CFR 516.5.
MarylandAccrue 1 hour per 30 hours worked, up to 40 hours a year. Md. Code, Lab. and Empl. 3-1301, eff. Feb. 11, 2018. A family leave program is in startup.No state remote expense rule.3 yrs, 29 CFR 516.5.
MassachusettsAccrue 1 hour per 30 hours worked, up to 40 hours a year. Mass. Gen. Laws ch. 149, 148C, eff. July 1, 2015. Paid family and medical leave pays up to 20 weeks, benefits began Jan. 1, 2021.No state remote expense rule.3 yrs, 29 CFR 516.5.
MichiganAccrue 1 hour per 30 hours worked, up to 72 hours a year, or 40 hours for employers with 10 or fewer employees. Mich. Comp. Laws 408.961, eff. Feb. 21, 2025.No state remote expense rule.3 yrs, 29 CFR 516.5.
MinnesotaAccrue 1 hour per 30 hours worked, up to 48 hours a year. Minn. Stat. 181.9445, eff. Jan. 1, 2024. Family leave benefits start Jan. 1, 2026.No state remote expense rule.3 yrs, 29 CFR 516.5.
MontanaNo paid leave statute. Good cause is required after probation, Mont. Code 39-2-901. Use the Montana at-will sentence above.No state remote expense rule.3 yrs, 29 CFR 516.5.
NevadaAccrue 0.01923 hours per hour worked, up to 40 hours a year. Nev. Rev. Stat. 608.0197, eff. Jan. 1, 2020.No state remote expense rule.3 yrs, 29 CFR 516.5.
New HampshireNo paid sick leave statute.Reimburse employee expenses, N.H. Rev. Stat. 275:57.3 yrs, 29 CFR 516.5.
New JerseyAccrue 1 hour per 30 hours worked, up to 40 hours a year. N.J. Stat. 34:11D-1, eff. Oct. 29, 2018. Family leave insurance pays 12 weeks, raised from 6 weeks eff. July 1, 2020.No state remote expense rule.3 yrs, 29 CFR 516.5.
New MexicoAccrue 1 hour per 30 hours worked, up to 64 hours a year. N.M. Stat. 50-17-1, eff. July 1, 2022.No state remote expense rule.3 yrs, 29 CFR 516.5.
New YorkAccrue 1 hour per 30 hours worked, up to 56 hours a year. N.Y. Lab. Law 196-b, eff. Jan. 1, 2021. Paid family leave pays 12 weeks.Reimburse required expenses, N.Y. Lab. Law 198-c.6 yrs, N.Y. Comp. Codes R. and Regs. tit. 12, 142-2.6.
OregonAccrue 1 hour per 30 hours worked, up to 40 hours a year. Or. Rev. Stat. 653.601, eff. Jan. 1, 2023. Paid leave pays up to 12 weeks, benefits began Sept. 3, 2023.No state remote expense rule.3 yrs, 29 CFR 516.5.
Rhode IslandAccrue 1 hour per 35 hours worked, up to 40 hours a year. R.I. Gen. Laws 28-57-1, eff. July 1, 2018. Caregiver insurance pays up to 5 weeks.No state remote expense rule.3 yrs, 29 CFR 516.5.
VermontAccrue 1 hour per 52 hours worked, up to 40 hours a year. Vt. Stat. tit. 21, 481, eff. Jan. 1, 2017.No state remote expense rule.3 yrs, 29 CFR 516.5.
WashingtonAccrue 1 hour per 40 hours worked, up to 40 hours a year. Wash. Rev. Code 49.46.210, eff. Jan. 1, 2018. Paid family and medical leave pays 12 weeks, benefits began Jan. 1, 2020.No state remote expense rule.3 yrs, 29 CFR 516.5.

The 28 states not listed have no state paid leave statute, no general remote expense rule, and the federal three year record window. Use the standard at-will sentence there.

Dates in the table mark the start of the current rule. A statute shown without a date has been in force for years, and its text is the source.

Leave figures and effective dates here are current as of this article's date. Delaware and Minnesota paid family leave are scheduled to start paying benefits on Jan. 1, 2026, and their rules can change before then. Maryland's family leave program is still in startup. Confirm each date with the state agency before you print a handbook.

Which state's law governs a remote employee? The state where the employee performs the work usually controls wages, leave, and expense reimbursement, even when the employer has no office there. A New Jersey firm with one employee working from Portland applies Oregon paid sick leave and Oregon record rules to that work.

Optional paid resources: SixFifty Employment Handbook Builder and BLR Employee Handbook Builder sell state-specific language and update services. The clause text above is free to copy.

Common questions

Do I need a separate handbook for each state?
One core handbook with a state supplement usually works. The supplement must cover leave, breaks, and expense rules for the states where you have employees.
Is an at-will disclaimer enough on its own?
No. It needs a signed acknowledgment, and it cannot promise a fixed discipline process. Offer letters should match the handbook, and the business letters review sets out what a second reader checks before a letter goes out.
How often should the handbook be updated?
Review it once a year, and after any statutory change in a state where you employ people.
Does remote work change which state rules apply?
The state where the employee works usually governs, not the state of your office. A Texas firm with a California remote worker needs California leave and reimbursement language.

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