Health info in term file?
Squishypig
73 Posts
Just a quick question. Currently I have employee's health information in a seaparate file. I also have benefit info in another file (both are separate from main personnel file). Could I collapse the health and benefit information into the main term file when an employee terminates? I did this at my previous job and it worked well since all of the employee's information was in the same place if it was needed. What about the implications if we decide to rehire in the future?
Comments
"Your third question related to merging employees' separate files upon their termination. Merging the files is permitted, but not advisable. First, keeping the files separately even after the employee is terminated would remove the need to prove that the files were separate when the employee was still employed. Second, in the event that a former employee applies for rehire but is denied, that former employee might argue that the presence of medical records in his or her general personnel file influenced the decision not to rehire him or her. Thus, there is some risk involved in merging the files even after termination. If you do still wish to merge the files, we strongly recommend including a memo in each merged file which lists the documents that were kept separately the date the files were merged."
We asked the question due to storage space, and decided to keep the files as is. Hope this helps.
Ok, I am venting but I resent the extra work and I resent not the complexity of multiple files, merging, not merging, etc...
Sometimes on a Friday afternoon when no one is around I secretly place an employees medical information in their employee file just for a minute. Then I take it out and put it in its seperate location.
Just kidding...
[email]paulknoch@hotmail.com[/email]
Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]
I understand the frustration, but I never want to be in a situation where I am being deposed by an attorney and he asks, do you make a habit of combining medical information in your personnel files? The answer is an obvious "NO". However, his follow-up question will be "Have you ever combined medical information in your personnel files?". And your answer will be......?
We have to face one fact. We live in a litigious society and we have to protect our company's interests with this in mind (Risk Management). Yes, it is a hassle. Yes it takes (A LITTLE) more file space. But also, YES it does minimize the risk to our company. That is an intergral part of our job, and a challenge that we must rise to, and face, each day.
Good luck.
I think most of the laws we deal with regularly (FMLA, COBRA,harrassment, etc) are wonderful. They protect people and make life generally better. But when it gets down to color codes and rubber bands it seems we have gotten off track.
I try to do my job well every day. I bust my rear advocating for my staff and helping our organization act ethically and responsibally. So I get upset when I am told it could all go down the drain because a medical form was improperly filed. Sometimes I think we scare ourselves silly in HR listening to lawyers (ok, now Im really venting)
I am not advocating being irresponsible, but I like to think that at the end of the day, the good guy is going to win.
Does anyone else feel this way? I guess it doesn't change things but it might make me feel better.
[email]paulknoch@hotmail.com[/email]
Hang in there!
I agree with what you say. We hire attorneys to protect us and they do a great job. But recognize that we ask them, "What do we need to do so we don't get sued?" The answer to that question is not always compatible with, "What kind of flexibility do we need to run our business and/or meet the needs of our employees?" Our attorneys are not responsible for answering that, we are. One of the reasons HR is viewed as a "necessary evil" in a lot of companies is that we don't think like business people. Business people evaluate risks and then determine a course of action. HR people should do the same. As you said, we need to be prudent, but not risk averse.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Hey, its friday, time to mingle some files.. just kidding.
[email]paulknoch@hotmail.com[/email]
Have a good week.
>
>I understand the frustration, but I never want to be in a situation
>where I am being deposed by an attorney and he asks, do you make a
>habit of combining medical information in your personnel files? The
>answer is an obvious "NO". However, his follow-up question will be
>"Have you ever combined medical information in your personnel files?".
> And your answer will be......?
>
I too understand the seriousness of the law and the seriousness of what we do on a daily basis. Having said that, I absolutely loved Paul's response. After doing this for 33 years, I refuse to take myself too seriously. If I were asked that question in a deposition, my answer would be a statement of our policy, "Our policy is to follow the law in not placing medical information in the employee's personnel file." If he asked a followup question like that I would answer, "It is our policy and practice to keep separate medical and personnel files, and, no, we do not merge these files and our files have not been merged since the law went into effect."
Somehow I have a sneaking suspicion that Paul can handle the question and followup in deposition.
>an employees medical information in their employee file just for a
>minute. Then I take it out and put it in its seperate location.
>
>Just kidding...
>
>paulknoch@hotmail.com
Paul, you are a hoot! I think I will secretly try this myself.