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Do’s And Don’ts OfEmployee Recordkeeping
Personnel Files Typically include:• Basic Information• Hiring Documents• Job Performance Records• Employment-Related
Agreements• Compensation
Information• Termination and Post-
Employment Documentation
Confidential File:Stored Separately and May
Include:
• Forms 1-9• Medical records and
workers’ compensation claims
• Federal and state leave documents
• Background checks• Documentation pertaining
to an employee investigation
Federal Government and Individual States RequireEmployee Recordkeeping
Compensation and BenefitsFair Labor Standard ActsFamily and Medical Leave ActEmployee Retirement Income Security ActEmployment Taxes
Employment MattersImmigration Reform and Control ActEmployee Polygraph Protection ActOccupational Safety and Health Act
Equal Opportunity in Employment
Americans with Disabilities ActCivil Rights Act of 1964 (Title VI)Genetic Information Non-discrimination ActAge Discrimination in Employment Act
State Recordkeeping Requirements• May differ or be more
stringent than federal requirements
• Employee access to personal files
Do’s and Don’t• DO establish formal recordkeeping
policy in accordance with federal and state law
• DO review all documents to determine wether they belong in personnel or confidential file
• DO store files in secure and locked location
• DON’T store confidential file in same spot as personnel file
• DO establish a timeframe for reviewing/updating/destroying documents
• DON’T put them in the trash
• DO determine wether you will keep hard or digital copies and have backup plan
• DO identify a limited group of individuals who will have access to employee records
Do’s and Don’t
Do’s and Don’t• DO define specific circumstances
under which employees can access or copy files
• DON’T allow employees to remove, correct or alter documents in the file
• DO establish procedure for third-party requests for employee information
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