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In an age where data security is paramount for businesses, that data includes the files containing your employees’ information. So, who at your organization should be allowed to access these files?<\/p>\n
Whoever does HR in your organization will need access since they\u2019re responsible for updating employee information and ensuring everything complies with employment laws. Many states also grant employees the right to view their personnel files. Other roles in your organization may need access from time to time, but that access should be limited to the following:<\/p>\n
No one else should have access or be able to look at employee files. Even those with access should only review the files or parts of the file they need to see. Having separate files for certain sensitive information (like medical documentation and I-9s) will help ensure that a manager reviewing a personnel file for performance review scores doesn\u2019t stumble into information about an employee\u2019s disability or other protected characteristics.<\/p>\n
Make sure personnel files are stored securely \u2014 use locked cabinets for paper files and restrict access for electronic ones.<\/p>\n
We recommend having five separate files for each employee, as outlined below:<\/p>\n
Keep all Form I-9s in a separate master file or three-ring binder.<\/p>\n
This file should contain everything related to an employee\u2019s medical history, including health insurance enrollment forms. It\u2019s essential to separate this file because you cannot legally base personnel decisions on an individual’s medical history, such as who gets promoted and who doesn\u2019t. In addition, various privacy laws and the Americans with Disabilities Act (ADA) require that you keep confidential employee medical records separate from basic personnel files. The retention period will depend on the type of record.<\/p>\n
This file should contain items that were a factor in the employee\u2019s hiring and employment in addition to items that will have any impact on their employment in the future. This includes performance reviews and corrective action records.<\/p>\n
This file should contain the employee\u2019s W-4 and any other payroll-related documents containing the employee\u2019s SSN or other protected information, including garnishments.<\/p>\n
Keep a file for any employee who is injured while on the job. This file should contain workers\u2019 compensation claim records, injury reports, and any additional medical records pertaining to the injury. It\u2019s okay to start this file only if an employee suffers an injury on the job.<\/p>\n
These files should be kept in a secure location accessible only to those in the HR function or with a legitimate need to review the information \u2014 for instance, in locked cabinets inside a locked HR office. This information can be stored electronically if that makes more sense for your business. Ensure it\u2019s well secured and backed up to prevent data loss.<\/p>\n