Terminated Employee Files

Tory

How long do you have to keep files on terminated employee's? And once an employee is terminated, do you still have to keep medical records separate or can you put them all together?

Down_the_Middle

I've found that the best system is to keep all employee file information for a max of four (4) years. While some info is only required to be maintained for 1 or 2 yrs, there doesn't seem to be anything that required beyond 4 years. We combine the medical and employment information at time of discharge.

Cinderella

Ditto here

Cinderella

Don D

We also combine the separate information at time of termination. We go one year beyond the commonly acceptable required time and destroy them in January of the year following their third full year of retention. But, there's separate rules on keeping files of those involved in accidents and those files that might relate to ongoing EEO or other investigations. Some kind soul will soon post a website for you where you can review a list of regulations on file retention and destruction. Another suggestion I'll make is that files that are maintained in binders with fasteners or separators be left in those things for a year after termination. We got into the habit of stripping everything out of our organized files and stuffing it all in a manilla folder and cramming it in another inactive file. But, we so frequently had to pull and reorganize those files for hearings, etc., that we changed the procedure.

Cxjo

For the life of me I can't remember where I read this/found it -- but I have done this for some time now -- and that is retaining medical records for thirty years (including worker's comp and OSHA). I know I didn't make it up - honestly! I saw it or learned it at a seminar. So when employees termed, would keep the medical records still separate and file in a separate box for the 30 year destroy timeline...

Someone tell me I am not crazy.

Cxjo

ok -- I'm not crazy -- I found some verification of what I've been doing:


OSHAs Standard on Access to Employee Exposure and Medical Records (29 CFR 1910.1020) requires that these records be available to employees, their designated representatives (e.g., union), and to OSHA investigators. It also establishes retention periods: for most medical records, its for the duration of employment and 30 years thereafter; for records of employee exposure and data analyses, it is 30 years from the incident and includes reports of industrial hygiene or biological monitoring, medical examination records, and first-aid records (excluding one-time first-aid treatments).

Don D

Asbestos and toxic materials exposure requires the 30 year retention period. This includes bloodborne pathogens under the OSHA standards. In my opinion this would certainly not justify stripping, segregatating and retaining ALL medical information.

Tory

Thanks for the info. I have to let you know, I only recently have had the opportunity to visit this site and I really am enjoying it. I'm learning this HR stuff as I go and there is so much to know, it's sort of scary, but knowing that there's this place of all knowing HR people sort of makes it less scary!
Thanks, Tory

Pork

Troy wait until you have 1094 postings like "Dandy Don" and then you'll really know how much is learned, and how much is "extrovertation". My word for HR "Bull___", with a spicing of good words of interest and experience. I get so excited sometimes that my fingers are faster than my mind and this computer! Pork

Don D

Pork: Although I'm a Republican, I am wondering if you got the word "Extrovertation" from George Bush. You have been obsessing about the number of posts far too long now. You have, though, taught us the true meaning of the word "Porkology". I expect to see it in Webster's next edition. x:-)