Medical Files

T

How long is it necessary to keep doctors notes from ee's? I do not keep them in the personnel file, however I do have a medical file for all my ee's and that's where any doctors notes go. I was just wandering how long I need to keep them? In particular, I have an ee who has been out on several different occasions, (FMLA & WC related), and now it is passed her 12 week time off period and I want to terminate, but I feel if I still have her past medical records from prior absences and a court has access to them, they may feel like we are retaliating?
-Thanks for any input.

Don D

T: I can't think of any reason we would destroy or purge medical information from the file. There are many more reasons to keep it than the zero number I can think of not to. As long as you properly maintain its confidentiality and security I don't think you'll ever be criticized or second guessed for having it. Maybe others will differ though.

John Vering MO

I see no good reason to throw the medical information away. Comply with ADA re keeping medical info in a separate file that only those with reason to review same can access per ADA requirements. The medical records may prove invaluable if a claim is brought down the road.
John Vering
Mo. co-editor

T

Thank you for the info.