Record Copy
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Record Copy
Overview What to keep in a personnel file What to file separately Who can access personnel files What maintenance procedures to follow What UGA record policies to know Personnel File Defined Personnel files are records maintained in paper form, scanned, or stored electronically. Security and retention requirements are the same for all formats. Is there a federal or state requirement that an employer maintain personnel files as such? A. Yes B. No C. Not sure Is there a federal or state requirement that an employer maintain personnel files as such? A. Yes B. No C. Not sure No ts ur e 0% C. No 0% B. A. Ye s 0% Is there a federal or state requirement that an employer maintain personnel files as such ? B. No -- “Liability Issues” really drive record maintenance procedures. More Information http://eits.uga.edu/access_and_security/infosec /id_theft On average: victims of Identity Theft & Fraud 175 hrs. research & tracking crime 23 months correcting credit reports $800 out of pocket expenses to restore their financial standing WHY Have Reviews ? Reduce the number of lawsuits & penalties regarding violations of laws relevant to: Medical privacy, Nondiscrimination I-9’s, identity theft Record retention Record destruction Standard Categories of Records What File is not a “Standard”? A. Personnel Files B. Medical/Confidential Files C. Disgruntle Employee Files D. Payroll Files E. FMLA Files What File is not a “Standard”? C. D. E. 0% 0% 0% 0% 0% Pe rs on ica ne l/ C lF ile on s fid Di en sg ru tia nt lF le ile Em s pl oy ee Fil es Pa yr ol lF ile s FM LA Fi le s B. Personnel Files Medical/Confidential Files Disgruntle Employee Files Payroll Files FMLA Files M ed A. What File is not a “Standard”? Answer: Disgruntle Employees What to Keep in Personnel Files Employment application and resume College transcripts Job descriptions Hiring, promotion, demotion, transfer, layoff, rates of pay, education, training records, or other forms of compensation What to Keep in Personnel Files ? Letters of recognition Disciplinary notices or documents Performance Evaluations Test documents used to make an employment decision Exit Interviews Termination Records What not to Keep in Separate File ? HIPAA Privacy, HIPAA Security Immigration (1-9) ADA FMLA Sexual Harassment Training acknowledgment Worker Compensation What not to Keep in Separate File ? Se xu al Ha r as FM sm LA W en or tT ke ra rC in in om g pe ns at io n AD A (1 -9 ) io n .. . ra t ig HI PA A Im m F. , E. ac y D. Pr iv C. 17% 17% 17% 17% 17% 17% A B. HIPAA Privacy, HIPAA Security Immigration (1-9) ADA FMLA Sexual Harassment Training Worker Compensation HI PA A. Answer: Sexual Harassment Training Acknowledgment Others to consider for separate: Investigation notes and reports Nondiscrimination Drug test or background check results Payroll records containing SSNs or other protected information including W-4s and garnishments Medical or confidential records, including anything that has protected information such as date of birth, marital status, religious beliefs, etc, including benefit enrollment forms for current year; beneficiary forms. Who Can Access Personnel Files? Where? When? How often? What circumstances? Who Can’t Access Unit Files ? A. B. C. D. E. Employee Parents Supervisors Human Resources Government/Legal Agencies WhoQuestion Can’t Access Enter Text Unit Files ? Go ve r nm en t/ Le s 0% Ag en c ie ga l Re so ur c so r an Hu m Su pe rv i 0% es 0% s 0% nt s 0% Pa re E. e D. ye C. pl o B. Employee Parents Supervisors Human Resources Government/Legal Agencies Em A. Answer: Parents Access to Open Records Requests begin with UGA Open Records and are sent to the units Access to Medical/Confidential Files Human Resources Supervisors Government/Legal Agencies Access to Payroll Files Payroll Human Resources Auditing/Investigating Agencies Identity Theft Security and maintenance of employment records is imperative to avoid company liability if these records are accessed and used for identity theft purposes. Review Records Audit employment records Remove or correct irrelevant, outdated, misleading, or inaccurate information Storage guidelines Personnel – 7 years Medical/Benefits – 6 years I-9 Forms – no more than 3 years after termination Pre-employment Background Checks – 2 years http://www.usg.edu/usgweb/busserv What do I keep at my unit? Usually the standards will specify how long the record needs to be kept with the unit. If it doesn't, then that usually means that the unit can get rid of their copy of the records as soon as it is no longer useful. M1: Purchase Request Records Explanation: This series documents the purchase of supplies and services by the institution. Record Copy: Business Services, Units Retention: 5 years Citation or Reference: O.C.G.A. 11-2-725 Background Information: Previously Located in Series: A53, Category: Administration M2: Annual Fiscal Reports Explanation: This series documents annual fiscal year-end status of accounts and is used to provide the office with summary information relating to its programs which may be used for planning or review. Record Copy: Business Office Retention: 5 years or two successive audits, whichever is longer Background Information: Previously Located in Series: A69, Category: Administration General Recommendations Investigate Federal Requirements Investigate applicable individual state requirements Ask questions of UGA Resources: Legal Affairs; EEO department; EITOS; UGA HR; General Recommendations When the same or similar records are required by more than one law, but the period of retention varies, retain the information for the longer period of time General Recommendations Follow policies regulating employee’s access to their personnel files Establish a system for auditing your units record keeping (including personnel files) General Recommendations With a discrimination charge or lawsuit, all relevant records must be kept until final disposition