Medical stay here or go with the employee

Should an employee be allowed to take his/her medical file when they leave the company?

Our medical file contains audiometric results, drug screen results, FMLA Physician certifications, insurance applications and any health related documentation.

For WC purposes, we maintain a separate file that will stay here, but all other information is in the employee's medical file...

Just wondering...


  • 5 Comments sorted by Votes Date Added
  • No, in my opinion. The company paid for the physicals, tests, etc.; it is company property along with the personnel file. If the ee requested copies, we would allow them to look at the info, but do not allow them to make copies of anything in the personnel or medical file. Of course, that depends on your state law.
  • I can't think of any benign reason for the employee to want it. You, on the other hand, may need it again.

    Keep it.
  • Thanks to all of you. I felt that way also, but one employee did ask. I made copies but didn't release the originals or the file to them.
  • It's not their file, it's the employer's file. I say no don't let them have it.

    We don't give them copies of any of their documents after they've left us. We remind them through newsletters, flyers, "welcome letter" in the new hire packet, Orientation, etc. to keep their own copies of anything they give us.
  • Read the HR filing article in the latest HR Magazine... the one with the Green, Yellow, Red filing system. It's an excellent way to keep you and your organization out of trouble. Giving an ex-employee copies of the items in their medical file is not a good idea, unless mandated by law. Think of all the things in there that could fuel a paranoid personality... or an unscrupulous attorney. Even a few of the most routine items could be used as fodder for a "regarded as disabled" claim.
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