magicalvorti.blogg.se - Paperless employees

Access to injury and illness records must be limited. Records required by the Occupational Safety and Health Administration (OSHA) may be kept electronically provided the computer they are stored on can produce forms equivalent to OSHA’s forms when they are needed and the system meets specific regulatory requirements.

Please note that state wage laws (Arizona, for example) may require longer retention periods. Further, employers must keep all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sexes in the same establishment for at least two years. The FLSA requires employers to keep payroll records for at least three years. If records are stored electronically, records must be available for copying and transcription upon request by representatives of the Department of Labor, and reproductions must be clear and identifiable. Again, it may be prudent to house electronic race/ethnicity data in its own separate database with its own separate access protocol.īecause the Fair Labor Standards Act (FLSA) does not require a particular order or form of records, wage records may be maintained electronically. The EEOC recommends that race and ethnicity identification forms be kept separate from an employee’s basic personnel file. Remember, medical records related to workers’ compensation claims have a different retention period. As a best practice, medical records of terminated employees should be retained for at least four years from the date of termination. The FMLA requires covered employers to keep FMLA-related files for at least three years. The Americans with Disabilities Act (ADA) requires that covered employers keep all ADA-related files for at least one year from the date the file was created. One way to address this concern is to house electronic medical data in its own separate database with its own separate access protocol. Medical information-including documents related to a disability accommodation request or Family and Medical Leave Act (FMLA) request-must be kept confidential and separate from an employee’s basic personnel file. Further, record retention periods may be longer if the employer has affirmative action obligations or is required by regulatory agencies to maintain records for a longer period of time.

Some states have laws that govern retention periods for personnel files that differ from the EEOC regulations.

Educational institutions and state and local governments must retain such records for two years from the date of the making of the record or the personnel action involved, whichever occurs later, but in the case of involuntary termination of an employee, they must retain the terminated employee’s personnel or employment records for two years from the date of termination.

Examples of documents to be retained include: performance evaluations, attendance records, disciplinary records, handbook receipts, requests for employment verification, education certifications, applications and resumes.

Private employers must retain records for one year from the date of making the record or the personnel action involved, whichever occurs later, but in the case of involuntary termination of an employee, they must retain the terminated employee’s personnel or employment records for one year from the date of termination.

The Equal Employment Opportunity Commission (EEOC) requires that personnel and employment records be preserved for the following periods: Personnel Records and Application Materials If your company is considering implementing a paperless human resources department, read on for legal guidelines and tips to ensure a smooth transition. Although electronic storage of personnel records is permissible under federal employment laws, employers must be mindful of the statutory rules relating to document retention periods and electronic storage systems to avoid legal pitfalls.