Guidelines for Delaware and Maryland Ag Operations 
On Writing an Employee Manual

Why have an employee manual?

A legally sound and consistently followed employee manual can provide a solid foundation for good employee-employer relations, in addition to clarifying managers’ and workers’ responsibilities to one another. Communicating clear expectations to your employees can lead to better work performance. Providing your employees with precise methods for raising and resolving workplace issues can also lead to more effective communication, with greater trust and mutual respect.

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An employee manual also serves a legally important  protection for the agricultural employer and notice to the employee. Delaware, Maryland, and federal law require that some policies be provided to employees in writing, and it is often easiest to put legal notifications needed in one spot. A manual helps an employer comply with notice requirements and ensures employees are given notice of their rights. In addition, employee manuals can help ensure consistent employee treatment, avoiding actual or perceived discrimination.

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However, it is important to recognize that having an employee manual requires the employer to follow the manual. Having an employee manual that lays out policies that are not followed can be worse than having no employee manual. It is often counterproductive and legally risky to develop an employee manual that does not reflect actual farm practices or has policies that are not consistently modeled and/or enforced by the managers on the farm. 

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A good employee manual that avoids these pitfalls and considers the best practices and legal considerations outlined in this document can be an excellent starting point in ensuring a legal, ethical, and productive work environment at your farm.

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This employee manual aims to improve employee-employer relationships by clearly outlining worker rights, responsibilities, and expectations for improved performance. It is designed for small farms tailored to both new and existing employees who are integral to farm operations based on Federal, Maryland, and Delaware laws. For tailored advice regarding how these laws apply to your particular situation, you must consult with a lawyer specializing in this field. 

A good employee manual should:

• Reflect actual practices! An employee manual should only contain policies and procedures that the farm is committed to following – it is well worth thinking through each section of your employee manual to ensure that this is true.

• Lay out clear expectations and a code of conduct for all employees while allowing sufficient management discretion.

• Provide a road map for legal and ethical employee treatment, helping you evenly apply policies while avoiding favoritism and inconsistent or unpredictable decision-making.

• Communicate your farm’s workplace culture and history to employees.

• Make it easier to orient new employees, ensuring that all employees understand benefits, compensation, expectations, and workplace policies.

• Help you satisfy legal requirements for notifying your employees about policies by including policies in one place, in plain language.

• Be carefully reviewed to ensure that it is in accordance with all applicable state and federal laws. The information in the guide below discusses key laws to keep in mind for each section. We also encourage you to have your manual reviewed by an attorney if possible. 

• Be provided to employees in writing in a language they can read, and be explained to workers orally in a language they understand (especially in the case of workers with low literacy). If you are not fluent in your employees' language(s), you may want to work with a trained interpreter to orient your employees (in person and/or with a training video). 

• Be evaluated every year since employment laws change frequently. University of Delaware Cooperative Extension and University of Maryland Extension faculty can help you stay abreast of employment law updates that might apply to your farm. If an attorney has reviewed your manual, we suggest you return to the same attorney for annual reviews: this can save money, allowing them to focus on changes to applicable laws.

• They should be provided to employees by their supervisor/manager, who should make themselves available to answer employees’ questions and document that the manual was provided and explain it to each employee in a way that they understood.

 

Table of Contents

Your employee manual should have a table of contents to make it easier for employees to refer to the manual. It should include section numbers and/or page numbers so employees can quickly find different sections. Below is the table of contents for our employee manual template. Each of the following sections is discussed in more depth below the table of contents, with guidelines on what the section might contain, information on key legal considerations, and, where appropriate, sample language. Two asterisks mark ‘must-have’ sections, and one asterisk marks ‘good-to-have’ sections. 

You are free to use and amend this template for your own enterprise. You do not have to include the legal information provided before each section; just the policies you will be implementing/following on your farm.

1. Welcome!                                                                            
Intro to the farm**
About this manual**
At-will employment**
Equal opportunity statement**

 

2. General employment information
Employment categories
Overtime
Work schedule*
Attendance policy*
Payroll*
Personnel records*
Weather expectations
Transportation **

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3. Time off/leave
Sick time**
Family and medical leave**
Bereavement leave
Other leave**
Vacation and holidays**

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4. Employee benefits and rights
Farm produce
Housing*
Expense and mileage reimbursements
Workers’ compensation**
Unemployment insurance
Other insurances - life, disability
Health Insurance
Retirement Savings Plans
Pregnancy-related rights and accommodations**
Disability and religious accommodations**
Other benefits

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5. Employee responsibilities
Workplace culture/code of conduct*
Conflict resolution *
Safety information*
Pesticide safety information**
Food safety*
Product quality
Cleanliness
Public conduct
Social media policy*
Visitors to the farm*
Phone policy *
Farm property and equipment *
Personal belongings
Drug and alcohol policy*
Tobacco, cannabis, and vaping policy*
Zero tolerance violence policy*
Dress code
Work pace
Animal care and treatment *
Sexual harassment and discrimination prevention policy**

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6. Communication & performance evaluation
Farm organizational structure *
Feedback*
Questions and concerns*
Check-ins and performance reviews **
Disciplinary/termination procedures **
Promotions

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7. Closing
Closing thoughts*
Acknowledgment​

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Link to Section Pages:

1. Welcome for Labor Guidelines

2. ​General Employment Information

3. ​Leave/Time Off

4. Employees Benefits and Rights

5. ​Expectations for Employee Conduct

6. Performance Evaluation and Communication

                                                                                                                                       Next Page: Welcome for Labor Guidelines