Company Sponsored Events Policy
Throughout the year, employees will be invited to various optional Company sponsored events. Some events are intended to bolster Company awareness such as job fairs and Chamber of Commerce functions. Other events are for the enjoyment of our employees.
All such sponsored events do not require attendance. No accidents, injury or illness as a result of a company event may be considered to have occurred “at work”. Only exceptions are when non-exempt employees are being paid or when exempt employees are working during their regular work hours that caused their injury.
Summer picnics and sport outings are popular with our employees. Although the physical aspect of some outdoor recreation may be relaxing to most, some employees may want to consult a physician before considering their decision to participate.
Finally, in cases where alcohol is available or served, (such as the employee holiday party) employees are reminded to be cautious and to control their consumption and the consumption of their guests. Although these events are not work related, they can adversely affect your employment.
Drafting Considerations
The following is background commentary for whoever is drafting or reviewing this policy -- not part of the operative policy above, and not something to publish as a rule employees are bound by.
Whether an injury at a company-sponsored event is compensable under workers' compensation is a fact-specific, state-varying legal test, not a rule the company can guarantee by declaring attendance "optional." Courts and state statutes generally look at whether the event was mandatory (expressly or impliedly), occurred during a customary work break, or provided the employer a substantial direct business benefit beyond morale — any of which can bring an injury within the course of employment regardless of whether the employee was being paid at that moment. Consult the applicable state workers' compensation statute or counsel before relying on this section to determine coverage.
General information, not legal advice. Treat this as a drafting starting point, not a finished policy — employment law varies by jurisdiction and changes often, so have a licensed attorney tailor it to your situation before you rely on it.
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