Any PA people out there

I was wondering what other Pennsylvanians do in regards to allowing ee's access to their personnel files. Do we have to allow access? Can I say you can see it, but it must be in the HR Dept, and you must give us 3 days advance notice?
I want to put a blurb about this in our manual.

We are a small company and the problem has never come up, just wanted to have something in place.
I was going to say something like this:
Employee files are maintained by the Human Resources Manager and are considered confidential. Managers and supervisors other than the Human Resources Manager may only have access to personnel file information on a need-to-know basis. A manager or supervisor considering the hire of a former employee or transfer of a current employee may be granted access to the file.
Personnel files are to be reviewed in the Human Resource Department. Personnel files may not be taken outside of the department.
Representatives of government or law enforcement agencies, in the course of their business, may be allowed access to file information. This decision will be made at the discretion of the Human Resource Department in response to the request, a legal subpoena, or court order.
Personnel file access by current employees and former employees upon request will be permitted within 3 days of the request.

Also are ee's allowed to make copies of anything in their files?
And our CEO wants to have his "own" personnel files (don't ask me why). I don't think this is a good idea, it should be all in one place. How can I ask him to give up the goods? I don't think he has anything secretive in there, it is just something that was in place before I started.

Jenn

Comments

  • 4 Comments sorted by Votes Date Added
  • We require our ee's to give us written notice and then we set up a time for them to review the file in the HR department. They are allowed to make copies of whatever they like. Everything should be in one place. The president of our company does not have his personnel file, I DO!! As for asking for it back...I can't help you there. I guess just be polite and ask for it, start there. Who knows maybe he'll give it up.
  • Jerzal,

    You may find some useful information at www3.villanova.edu/aaup/files.html, the Villanova Univ. AAUP site, which appears to provide the relevant PA labor code and some analysis as well.

    There is also a policy statement from Kings College you may be able to adapt at [url]www.kings.edu/hr/per_pol_manual/Acc%20Per%20File.htm[/url], which states specifically its compliance with the PA law.

    Regards,

    Steve

    Steve McElfresh, PhD
    Principal & Founder
    HR Futures
    408.605.1870l
  • Pennsylvania code is (shortened version) employees have the right to see personnel files that contain qualifications for employment, promotion, termination or disciplinary action. They do not have access to letters of reference or any criminal investigation. The files may not be copied or removed. Employers may require employees to submit written requests, to view files on their own time and in the presence of a company official and may limit access to once a year. 43 Pa. Cons. Stat. Ann. 1321 through 1323. We never allow copies of anything unless a subpoena or other court order is issued.
  • We do exactly as PAHR stated. They can review certain documents in their file (as that poster outlined) and make notes from it, but they cannot make copies. Nor can they remove the files from HR dept.
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