Personel files
coberg
6 Posts
Are there regs concerning who can has access to personel files? Who can the employer share employee information with? Can a boardmember request to see an employees file? What is are liability when and if we do this? If the state in which we are makes a difference I would be interested in PA law.
Could you direct me to the reg if there is one?
Could you direct me to the reg if there is one?
Comments
Besides your state laws, your concern would be a common law cause of action for violation of privacy. The rule of thumb is that the individual asking to see the records should have a legimate business reason to need to see the records. For instance, supervisors should not be allowed to see any employee's personnel file...only the file of someone who works for them or has applied to work for them. I've never seen a situation in which a board member needed to see any records unless it was about the CEO/Executive Director, who reports to the board. They might need to see executive compensation numbers for some senior executives, but that's about it. Some board members are too nosey for their own good. I'd simply tell the board member that you want to protect him/her personally as well as the organization from being sued.
If the board member sees any medical information on the individual, there are other provisions of various federal laws that you'd also be in violation of unless again there is a legimate business reason for a board member to see the information.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Welcome to the forum!
Margaret is right on the money. One thing to keep in mind, you should have seperate medical files, and those are not to be seen by anyone except whoever is responsible for them. Medical files have tons of personnal info that is nobody's business.
My $0.02 worth.
DJ The Balloonman
[url]http://www.dli.state.pa.us/landi/lib/landi/laws-regulations/llc/pfa.pdf[/url]