Access to personnel files

Joy1

I am looking for a well written access to personnel files policy for a state in which employees are allowed access on premises. Does anyone have a comprehensive policy including rights to contest contents, photocopying, etc?

 Thanks in advance!

HR36

Hi Joy:

This is what we use:

Access. Employees are to have reasonable access to personnel medical and immigration records during business hours. Copies may be made of items at the expense of the employee. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

Additions. Employees may make corrections to such information as their home address, telephone number, W-4 and the like at reasonable times.

Corrections or additions to absence reports, merit reviews, termination records, and the like must be made with the knowledge of the supervisor. If there is a dispute between the supervisor and the employee concerning any addition or correction, the personnel department is to be contacted to resolve the disagreement.

Access by other employees and supervisors. Personnel records may be accessed by employees and supervisors only in the course of performing their job functions. Access to medical or immigration records will be provided to other employees and supervisors only on a need-to-know basis in accordance with applicable law.

Access by nonemployees. No nonemployee may have access to personnel medical or immigration files without the permission of the director of personnel. Normally, a subpoena will be required in order for a nonemployee to gain access to the information. Exceptions, such as providing information to state unemployment agencies, both federal and state investigators, and the like may be made by the director of personnel. With respect to medical records, even with a subpoena, the director of personnel will first consult with the legal department prior to compliance with the subpoena. At the discretion of the director of personnel and the general counsel, the employee may be advised of the existence of a subpoena for medical records in order to be given an opportunity to seek to quash that subpoena.

You should also consult your state law specifically to see if there are guarantees or prohibitions you should/could make. Good luck!

HRgsf

Our policy is similar for employees.  Here's the part that covers employees accessing their info:

Any employee may access all documents in his or her personnel and medical files as long as it is done in an appropriate time, place, and manner as determined by the human resources department. All information in the personnel file is treated as confidential information belonging to the company, and all medical information is treated as confidential under applicable law. An employee may request a copy of any documents in his or her personnel or medical file, but the company may charge a fee if a large number of documents are requested.

countrygirl

We pretty much mirror our policy from our state statute. If your state statute mandates that current and/or former employees must be given access to their personnel files and are able to copy them or contest their contents, your policy cannot contradict that.  I would simply read what your state statutes has to say on the topic and make your policy language as close as possible. And, of course, have a lawyer take a look at it.  Good luck!