PERSONNEL FILES

Presented by:Jacki Young, FairviewMike Arnold, Havre

3 REASONS FOR PROPER RECORDS

Makes good business sense

Will eventually need to produce documentation about employee performance and work history

Some records are required by federal/state governments

QUESTION

What is the current minimum wage in Montana?

$7.65 $6.55 $6.90 $7.80

ANSWER

Effective January 1, 2012 the minimum wage is: $7.65/hour

Effective January 1, 2013 the minimum wage is: $7.80/hour

QUESTION

Which one of the following should not be in a personnel file?

a) Original signed employment applicationb) Rejection letterc) Employment offer letterd) Background investigation information

ANSWER

Background investigation information May contain personal information not

related to their employment

QUESTION How long must employers retain I-9 Forms?

a) Two years after the worker is hired.b) Three years after the date employment begins

or one year after the person’s employment is terminated – whichever comes later.

c) Four years after the date employment begins or one year after the person’s employment is terminated – whichever comes later.

d) Five years after the date employment begins or one year after the person’s employment is terminated – whichever comes later.

ANSWER

b) Three years after the date employment begins or one year after the person’s employment is terminated – whichever comes later.

I-9’s

Why do we have to complete an I-9 anyway? Immigration Reform and Control Act of

1986 – Prohibits all U.S. employers from unlawfully employing “unauthorized aliens.”

Now part of the Homeland Security Act

I-9’s

Purpose Number of pages Edition date Time to keep

I-9’s Top 10 Require signature on 1st day of work

Don’t complete before job offer

Review documentation

Records retention

Establish consistent procedure

I-9’s Top 10 Don’t use expiration date for hiring/firing

Make & retain copies of documentation

Tickler file for expiring documents

Don’t ask for specific documents

Don’t place in personnel file

QUESTION

Are employees guaranteed the right to copies of all file contents?

True False

ANSWER False

You have the right to control the time and location so long as it is reasonable.

Never leave an employee alone with their file. Ownership of the file and its contents rests with

the employer who maintains it. State law allows the right to examine to confirm

information and make any corrections.

QUESTION An employee who abuses alcohol was

incarcerated for driving while under the influence, and proceeded from the penal facility directly to an in-patient rehab program at the direction of a health care provider. In general, for what period would the otherwise eligible employee be entitled to federal Family and Medical Act leave?

QUESTION

A) Only the time spent incarceratedB) Only the time spent in the in-patient

rehabilitation programC) The entire time spent incarcerated

and in the in-patient rehabilitation program

D) None of the above

ANSWERB) Only the time spent in the in-patient

rehabilitation program – Absence because of substance abuse is one of the conditions specifically not covered for FMLA leave. It is important to note, however, that treatment for substance abuse is a legitimate reason to take FMLA leave. For example, if an employee who abuses alcohol was incarcerated for driving while under the influence, and proceeded from the penal facility directly to an in-patient rehabilitation program, that employee would be entitled to FMLA leave for the time spent in the rehabilitation facility, but not for the time spent incarcerated.

QUESTION

Which of the following should not be in a personnel file?a) Veterans/Disabled self-identification

formb) Return to work releasec) Exit interview formd) Signed acknowledgments of receipt of

Employee Handbook

ANSWER

B) Return to work releaseThis provides medical

information regarding the individual and should be kept separately.

QUESTION

The following should be kept in a personnel file: Health insurance application, first report of injury, medical leave request, and life insurance application.

True False

ANSWER

False

HIPAA (Health Insurance and Portability and Accountability Act) requires medical records be kept confidential and separate from other business records.

QUESTION

According to the Fair and Accurate Credit Transactions Act (FACTA) an employee’s credit report or information obtained from a credit report must be shredded.

True False

ANSWER

True Effective June 1, 2005 every employer that

employs one or more employees is required to the shredding provisions.

Thanks for growing your knowledge!