employee rights to see personel file
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We have given an employee her two week notice and she wants to see what's in her file. I have just recently become involved in HR issues and we are just now in the process of reorganizing the files - separating medical info etc... what does she have a 'right' to see?
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Might I ask why your medical records were not already segregated? That being the case, I would imagine that you are in for additional surprises.
It appears you are new to HR. There is a whole bunch of HR ying yang out there that you need to know. Most of it is not fun or pleasant. But the quicker you learn the mumbo jumbo, the quicker you can get on with helping your business operate more effectively.
I'm assuming you work for a small company. Are there any large, reputable organizations in your area. They don't have to be large, but typically you'll find the necessary HR detail in larger companies due to the volumes of paper pushed out by the HR bureaucracy. I recommend benchmarking on basic HR practices with one of those companies. Employment practices, HR controls, FMLA, ADA, and all that jazz. A lot of big companies actually have HR control sheets or internal audits to ensure practices are up to speed. I hate that crap, but necessary in your case.
In the very short term, you need HIPPA help fast. I'm sure you'll get good help from this site, but this would be my first target area in the benchmarking effort.
As far as the file. Get the medical out. I'd let her see it...after making sure everything was in order and in compliance with your internal written guidelines. No copies to be made.
You'll be so glad when you get this ying yang straightened out. So wasteful and non-productive. A necessary evil. Good luck.
Cinderella
Have you ever met a Controller or an Accountant that likes the beans too much? Nobody likes the bean talk.
If the light in my office doesn't work, why would that be? Maybe you could explain.
You have done a fine point of illustrating mine. Thanks.
Another precaution, as Don D said, state law will dictate how much or how little you have to do with respect to sharing information in your files. Some states require you to make them available for copying (paid for by the EE), others merely allow them to be accessed and read and as is the case in MS, some require nothing and leave it up to company policy. Your policy may be more employee friendly than state law requires, but may not be less so.
Our US Congress and various State congresses have written the laws by which companies doing business in the US must abide. Plaintiff lawyers, juries and judges have made sure companies are penalized for non-compliance. All of this is similar to the necessary financial controls companies must have in place to protect its assets and maximize a bottom line result.
Many hoops to jump through for sure but if you do not, it won't be long before the hoops you are jumping through are dictated by the legal system and then, perhaps, the bankruptcy courts.
Good luck with unraveling the mess.
Access to Personnel Files
Minnesota’s law concerning employee access to personnel files is located at Minn. Stat. §§ 181.960-181.966. The law covers employers in the state with 20 or more employees; but does not cover any state agency, statewide system, political subdivision, advisory board, or commission that is subject to Ch. 13 of the Minnesota Statutes.
Under the law, upon request, Minnesota employers must allow employees to review their own personnel files once every six months of their employment and once within the year following termination. Employers must comply with the request within seven working days if the records are kept in Minnesota or within 14 days if the records are kept out of state. Current employees must be able to review their records at their place of employment during normal business hours but not necessarily during their working hours. A representative of the employer may be present. Employees may obtain a copy of their records upon request with no fee charged for the copies.
Employers may deny access to personnel records if they can prove that the request is not made in good faith.
Personnel Record
Under the law, the term personnel record means the following information:
¨ Applications for employment.
¨ Wage or salary history, including job titles and dates of promotion and transfer.
¨ Commendations, warnings, and discipline notices.
¨ Termination notices. Employees may request a written notification of termination, including the reason for the termination.
¨ Authorizations for deducting or withholding pay.
¨ Fringe benefit information.
¨ Leave records.
¨ Attendance records.
¨ Performance evaluations.
¨ Retirement records.
Personnel records do not include:
¨ Records relating to the investigation of possible criminal or civil offenses, unless the investigations are complete, all proceedings and appeals are exhausted, and the employer has dismissed or otherwise acted against the employee based on the investigation.
¨ Letters of reference.
¨ Education records.
¨ Results of employer testing except for a cumulative test score.
¨ Documents being prepared for grievance procedures.
¨ Privileged information that is not relevant to a workers’ compensation, grievance arbitration, or administrative proceeding.
¨ Statements by co-workers related to an employee’s performance or misconduct.
¨ Medical records.
¨ Materials used by employers to plan for future operations, including salary structure, staff planning and job assignments, reorganization or restructuring, and plans for promotion and compensation.
¨ Personal information about anyone other than the employee that would violate the other person’s privacy.
¨ Written comments or data kept by the employee’s supervisor or other administrator if that material is kept solely in the possession of the writer.
If they contest info in the file there is more. Thought I would not post it all.