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Personnel File & Medical Records - Commentary
Maintaining accurate information regarding employees is essential to the successful operation of any business. Changes in address, marriage status and the like affect employers and employees in various and significant ways. Accordingly, all employee manuals should contain a requirement that employees advise the employer of relevant job related information. In addition, many states have statutes regarding maintaining personnel files and employee access to their file. While a policy manual need not necessarily contain a policy on the employee’s statutory rights (for example, access to his or her personnel file), it is important for employers to know these rights. At minimum, the policy should state that the information shall remain confidential. Also, as a practice, employers should not disclose employee information to any third parties without a lawfully completed subpoena. Lastly, employee medical records must not be kept in an employee’s personnel file. This includes workers' compensation and benefit enrollment information. Likewise, employers should not disclose medical information without compelling reason for doing so. |
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