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Personnel and medical files

PattiPatti 36 Posts
in HR & Employment Law Vote Up0Vote Down
Is there a law that states that personnel and medical files should be filed separate? I know the reasons why they should be separate, but I can not find the law that states they should be filed in different places?


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  • SystemSystem 5,885 Posts
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    Patti:

    The ADA is the federal law that requires you to store employees' medical records separate from their personnel files and in a confidential place. Below is a helpful excerpt from the April 2000 issue of our Delaware Employment Law Letter (it's relevant to all states since the ADA is a federal law):

    "The ADA also restricts preemployment medical examinations and regulates medical examinations during employment, requiring them to be job-related and consistent with business necessity. It requires that employee medical records be kept apart from other personnel records and in a secure location. Finally, it forbids the disclosure of medical information to anyone other than those who have a legitimate business-related need to know it."




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