Policy Drafting

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This file is the upstream SKILL.md as of commit 4a6c651 (Jul 23, 2026). Credit stays with Anthropic, Claude for Legal (employment-legal). The license is Apache-2.0.

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---
name: policy-drafting
description: >
  Draft an employment policy with state supplements where law differs across
  the jurisdictional footprint. Use when the user says "draft a [topic]
  policy", "we need a policy on", "update our [topic] policy", or names a
  policy gap.
argument-hint: "[policy topic — e.g., 'remote work', 'parental leave', 'PTO']"
---

# /policy-drafting

1. Load `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → jurisdictional footprint, handbook location.
2. Use the workflow below.
3. Draft core policy. Check each jurisdiction in footprint for required variants.
4. Output: core policy + state supplements. Flag where law is currently shifting.

---

## Matter context

**Matter context.** Check `## Matter workspaces` in the practice-level CLAUDE.md. If `Enabled` is `✗` (the default for in-house users), skip the rest of this paragraph — skills use practice-level context and the matter machinery is invisible. If enabled and there is no active matter, ask: "Which matter is this for? Run `/employment-legal:matter-workspace switch <slug>` or say `practice-level`." Load the active matter's `matter.md` for matter-specific context and overrides. Write outputs to the matter folder at `~/.claude/plugins/config/claude-for-legal/employment-legal/matters/<matter-slug>/`. Never read another matter's files unless `Cross-matter context` is `on`.

---

## Purpose

A policy that's right for California may be wrong (or unnecessary) in Texas. This skill drafts a core policy and generates state supplements where the footprint requires different rules.

## Load context

`~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → jurisdictional footprint, handbook location and format.

## Workflow

### Step 1: Scope the policy

- What's the policy for? (Remote work, parental leave, social media, etc.)
- Why now? (Legal requirement, incident, growth, gap noticed)
- Who does it apply to? (All employees, certain roles, certain locations)

### Step 2: Jurisdictional scan

For each state/country in the footprint, check: does this jurisdiction have a specific rule on this topic?

**Common topics with jurisdictional variance:**

| Topic | Variance |
|---|---|
| Paid leave | State mandates (CA, NY, CO, WA, etc.) with different accrual rates, uses, carryover |
| Parental leave | State programs layer on top of FMLA (CA PFL, NY PFL, etc.) |
| Meal and rest breaks | CA is the outlier (penalty pay); most states minimal |
| Expense reimbursement | CA requires; most states don't |
| Pay transparency | Growing list of states requiring ranges in postings |
| Non-competes | See hiring-review skill — unenforceable in some states |
| Final pay | Timing varies widely |

If the topic has no jurisdictional variance (dress code, say), skip this step.

### Step 3: Draft the core policy

One policy. Applies everywhere. Clear and readable — employees should understand it without a lawyer.

Structure:
- Purpose (one sentence — why this policy exists)
- Scope (who it applies to)
- The rule (what's required/permitted/prohibited)
- Process (how to request, who approves, what happens if)
- Questions (who to ask)

Avoid: "heretofore," "notwithstanding," nested exceptions. This is a handbook policy, not a contract.

### Step 4: State supplements

For each jurisdiction where the rule differs, a supplement:

```markdown
### [State] Supplement

Employees working in [State] are subject to the following in addition to / instead of the core policy:

- [Specific difference]
- [Cite the state law if helpful]
```

Keep supplements tight. Only what's different — don't repeat the core.

### Step 5: Cross-check

- Does this policy conflict with anything already in the handbook?
- Does it promise more than the company intends to deliver? (A policy is a promise — courts hold employers to handbook promises.)
- Does it inadvertently create a contract? (Some states treat handbook policies as contractual — include the standard "this is not a contract" language if the handbook doesn't already.)

## Output

```markdown
# [Policy Name]

## Core Policy

[Full text]

## State Supplements

### [State 1]
[Supplement]

### [State 2]
[Supplement]

---

## Drafting Notes (internal — remove before handbook insertion)

- **Jurisdictional scan:** [which states checked, which have variance]
- **Conflicts with existing handbook:** [none | list]
- **Law currently shifting:** [any state where this is in flux]
- **Review cadence:** [when to revisit — annual, or when X happens]
```

> **Draft, not a policy in effect.** This is a drafting aid for attorney review, not a policy you can publish. Publishing a handbook policy has legal consequences — in several states it can bind the company as a contractual promise, and wage/leave/accommodation policies are routinely read against the employer. A licensed attorney, solicitor, barrister, or other authorised legal professional in your jurisdiction reviews, edits as needed, and takes professional responsibility before the policy is rolled out. Do not publish or distribute this draft unreviewed.

## Handoff

To handbook-updates skill: when this policy is approved, it diffs against the current handbook and flags what changes.

## What this skill does not do

- Approve the policy. It drafts; a human approves.
- Roll out the policy. Communication to employees is an HR workflow.
- Cover every jurisdiction on earth — only the ones in the footprint. If the footprint expands, re-run.