Best Practices for Maintaining Personnel Files July 16, 2014 Personnel Files COMPLIANCE & GUIDANCE Compliance & Guidance Non-Represented Staff PPSM 80: Staff Personnel Records UCR Local Procedure 80 Represented Staff Applicable bargaining unit contract Records Retention Schedule Most Official Records (0004B4): Retain records for 5 years after the end of the fiscal year in which the employee separates from the University Best Practices for Maintaining Personnel Files 2 Personnel Files SECURITY & CONFIDENTIALITY Security & Confidentiality Security Maintain files in locked file cabinets Ensure access to file cabinet keys is managed securely Confidentiality Only employees designated by the department head should be allowed access Ensure contents are not visible to others when reviewing the file 4 Personnel Files CONTENT Required File Content Employee Application, Resume, letters of reference, I-9*, State Oath of Allegiance and Patent Agreement, W-4 Notice Regarding Overtime Compensation (nonexempt employees only) Emergency Contact Information Performance Appraisals and Position Description forms * Can be maintained in a central department file 6 Additional File Content Honors and Awards received by the employee Corrective Action/Disciplinary Actions Copies of any performance-related documents to be placed in the personnel file should also be provided to the employee with a Proof of Service form An Employee may request removal of corrective action/disciplinary action after two years provided there have been no similar incidents in that period of time (see applicable contract/policy and consult with Labor Relations for guidance) 7 Prohibited File Content Documents related to an employee’s medical condition, or a medical condition of the employee’s dependents, must be stored separately from the employee’s personnel file. A separate medical file should be used to store information regarding: FML forms and supporting documentation Work-related injury or illness forms and supporting documentation Disability-related documentation, including any requests for accommodation 8 Grievances The Labor Relations office is the office of record for formal grievances and related materials. Any department copies of formal grievances and related records should be kept in a separate file from the employee’s personnel file. 9 Personnel Files PERIODIC REVIEWS Department Responsibility The department is the office of record for staff personnel files Maintaining the completeness and the accuracy of personnel files is critical Periodic reviews or audits can be conducted to ensure that the necessary documents have been completed and filed, and date sensitive documents have not expired 11 Types of Personnel File Audits Conduct an audit to confirm that a particular document is present in the files of all employees Example: Performance Appraisal form for all employees who have completed their probationary period Example: Employee Application form for all new hires Conduct an audit to confirm that renewable documents/forms are present in the files of all affected employees Example: Compensatory Time Off Agreement forms for nonexempt employees if the department offers compensatory time off (forms may vary by bargaining unit) 12 Personnel Files CONTENT ORGANIZATION Subject Matter Organization Advantages Related documents are grouped together Easy to identify the history of actions within each separate category Disadvantages Requires consistent placement of documents in appropriate category (may require more training for the individual responsible for file maintenance) Does not provide a complete picture of all actions or activities because the file contents are split between separate categories 14 Chronological Organization Advantages Easy to maintain Easy to identify the complete employment history of the individual Disadvantages Removal and replacement of file contents require attention to detail Removal and replacement results in more disruption of the file’s contents if documents spanning several years are required 15 Personnel Files ACCESS AND RELEASE OF RECORDS Intercampus Transfer & Access Once the employee is selected as a finalist for a position within the University, the prospective hiring department has a right to review the personnel file of the individual, prior to making the final offer (except in situations where the candidate is a preferential rehire) 17 Intercampus Transfer & Access (continued) It is recommended that the prospective hiring department inform the employee of their intent to review the personnel file Adequate security measures should be taken in all cases where personnel files are physically moved or transferred to ensure that the file’s contents remain confidential 18 Intercampus Transfer & Access (continued) The employee’s personnel records should be transferred to the department to which the individual transfers Permanent restrictions, or accommodation plans in place at the time of the transfer should be transferred Exceptions: Time records shall be retained Medical files shall be retained 19 Employee File Access An employee has the right to review his/her own personnel file(s) Upon request, an employee shall be provided a copy of his/her own personnel records The first copy is provided at no charge Additional provisions may apply depending on the bargaining unit. Check the applicable contract for specifics 20