CLASSIFIED: Keeping Employee Info Under Lock and Key
08/20/08
Deep within every employee’s file lies a giant collection of personal data. There’s information on salary … drug screening results … performance review feedback. Not the kind of personal information your employees want out in the open!
File access isn’t for just anybody
Your policy should express the strictest guidelines possible regarding who can see the file. To prevent sensitive employee data from falling into the wrong hands, in most states, employers can establish their own policies restricting access to personnel files. They have full discretion to limit the types of accessible documents, the location and timing of a personnel file review, and whether copies may be made, for example. The employer can even prevent employees from accessing their own files!
There is one way medical records should be kept: confidential
Federal law states that an employee’s medical records should be filed separately from personnel records. Like the personnel file, however, an employee’s medical records should only be accessible to a very select few.
The Family and Medical Leave Act (FMLA) allows for limited medical disclosure to:
inform supervisors of restrictions and accommodations.
inform first aid and safety workers about a disability that may require emergency treatment or procedures for evacuation.
government officials or insurance companies requiring a medical exam for health or life insurance.
Enforcing policies and procedures to keep every employee’s private data well protected is going to take a lot of diligence on your part, so it’s good to know you’re not alone. G.Neil can help you keep records secure with useful resources like our Personnel File Access Kit, which includes a guide explaining the personnel file access laws of every state, and all the forms you need to implement a personnel file access program for your company. And for compliance assistance, you can utilize our Confidential Employee Record Folders and Confidential Employee Medical Record Folders.
To learn more about recordkeeping and other useful resources, call us at 800-999-9111.
Personnel Access Kit - $54.99