Any records removed would still need to be maintained pursuant to the applicable General Records Schedule absent any authority to destroy them. Documents described in 4. All employment records, including electronic records, must be appropriately maintained in a secure and confidential manner. The personnel file must include the employment records identified in Section 4. However, selected duplicate or working copies of those records may be maintained for convenience or reference purposes by supervisors.
These files may contain information that the supervisor believes is helpful or necessary to manage workload and employees. Supervisors should be aware that if they share this information with any other person the material may become subject to public records law requests.
Supervisors may also maintain personal supervisor notes in a working file, which are not considered to be a personnel record if they are prepared by the supervisor for their own use and are not shared with anyone else. These notes may be protected from disclosure under the public records law. But, in the event of a lawsuit, applicable discovery rules apply to the disclosure of documents. Many documents that would be confidential under the public records law must be released in discovery.
Personally identifiable information PII is any data that could potentially identify a specific individual. Because medical records require special confidentiality requirements, all copies of such documents should be forwarded to the Benefits Office or the Director of Employee Relations in the Department of Human Resources for staff and to the Office of the Provost for faculty and adjuncts.
Employees responsible for maintaining personnel files are expected to review the personnel file for the presence of confidential recommendations and medical records before permitting any employee access to his or her personnel file.
The provisions for access to records apply to former employees and applicants the same as they apply to present employees. Personnel files of former State employees who have been separated from State employment for ten or more years may be open to inspection and examination as defined in this policy except for papers and documents relating to demotions and to disciplinary actions resulting in the dismissal of the employee.
Each individual requesting access to confidential information will be required to submit satisfactory proof of identity. The Chancellor may, under the conditions specified, take the following action with respect to an applicant, employee or former employee employed by or assigned to the university, whose personnel file is maintained by the university.
Under these circumstances, the Chancellor may, in his or her discretion, inform any person or corporation of any:. Prior to releasing such information or making such file or portion thereof available as provided herein, the Chancellor shall prepare a memorandum setting forth the circumstances that the department has determined requires such disclosure, and the information to be disclosed, with a copy of the memorandum sent to the employee and the memorandum retained as a public record in the personnel file.
Information and documents not relevant to personnel administration should not be retained in the personnel file. Any present or former employee is legally entitled to take either or both of the following actions if he or she considers the material in the personnel file to be inaccurate or misleading:. Unless prohibited by law, the University will notify the employee as promptly as possible when it makes a disclosure of confidential information required or permitted by law, as in response to a subpoena, court order, or to a properly authorized government official.
The University official making such disclosure is responsible for notifying the employee in writing, with a copy of the notice to the personnel file. No such notice will be given when the only information requested is information available to the general public. Information used in making a determination about employment or other personnel actions should be, to the extent practical, obtained directly from the individual. There may be instances where it is necessary to obtain information from other sources.
This may be obtained either directly from those sources or by the use of a consumer reporting agency. When a consumer reporting agency furnishes a report and employment, promotion, or reassignment is denied on the basis, in whole or in part, of information in the report, the applicant or employee must be informed and given the name and address of the consumer reporting agency.
The appointing authority does not have to reveal the contents of the report. Payroll files are also maintained; payroll files contain a history of the employee's jobs, departments, compensation changes, and so on. Access to the payroll file is limited to the appropriate accounting and HR staff. An employee medical file is also maintained. The contents of the medical file are not available to anyone except Human Resources designated staff and the employee whose records are retained in the file.
At Your Company Name , medical files receive the highest degree of safe storage and confidentiality. An employee may view his or her personnel file by contacting a Human Resources staff person during normal business hours.
HR staff will schedule an appointment during which the employee can view the contents of their file. No employee may alter or remove any document from his or her personnel file which must be viewed in the presence of an HR staff person. If you have questions or concerns about the contents of the recommended files or your ability to access them, please contact a member of the HR staff,.
Disclaimer: Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a world-wide audience and employment laws and regulations vary from state to state and country to country.
Please seek legal assistance , or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location.
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