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407 EMPLOYEE RECORDS REGULATIONS

Maintenance of Employee Records

Employee personnel records may contain, but are not limited to, the following information:

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse;
  • Application, resume and references, except those that shall be kept confidential according to state and federal law;
  • Educational transcripts;
  • Copy of the employee's license or certificate, if needed for the position;
  • Individual employment contract;
  • Job description and/or assignment;
  • Salary information;
  • Tax documents, including, but not limited to IRS Form W-4;
  • Written attendance records;
  • Evaluation documents;
  • Complaints;
  • Performance improvement plans;
  • Documents concerning any raise, promotion, pay decrease or demotion;
  • Records of disciplinary matters;
  • Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;
  • Letters of termination and/or resignation;
  • Documentation relating to an employee’s unemployment benefits; and
  • Documentation relating to an employee’s employment ceasing.

Employee health and medical records, which are kept separate from employee personnel records, may contain, but are not limited to, the following information:

  • Employee's medical history, including, but not limited to, medical records and/or notes;
  • Employee’s emergency names and numbers;
  • Medical professional signed physical form;
  • Sick or long-term disability leave days;
  • Family and medical leave request forms;
  • Worker's compensation claims;
  • Reasonable accommodation made by the District to accommodate the employee's disability.

Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

Applicant for Employment Records

Records on applicants for positions with the District, which are maintained in the central administration office, may contain, but are not limited to, the following information:

  • Application for employment;
  • Resume;
  • References, except those that shall be kept confidential according to state and federal law;
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied;
  • Affirmative action form, if submitted.

Access to Records

The board shall allow current and former employees access to their files pursuant to state and federal law.

The board shall allow only authorized school officials access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

The general public may have access to an employee’s personnel records and/or personnel information as permitted by law.  Specifically, the general public may have access to the following information:

  • An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.
    • Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
  • The dates the employee was employed by the District.
  • The positions the employee holds or has held with the District.
  • The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
  • The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

Retention of Records

All employee records, except payroll and salary records, are maintained for a minimum of seven (7) years after termination of employment with the District.  Applicant records are maintained for a minimum of three (3) years after the position was filled.  Payroll and salary records are maintained for a minimum of three (3) years.

 

Approved 3-28-16