PERSONNEL FILES Presented by: Jacki Young, Fairview Mike 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 application b)Rejection letter c)Employment offer letter d)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 1 st 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 incarcerated B)Only the time spent in the in-patient rehabilitation program C)The entire time spent incarcerated and in the in-patient rehabilitation program D)None of the above

ANSWER B) 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 form b)Return to work release c)Exit interview form d)Signed acknowledgments of receipt of Employee Handbook

ANSWER B) Return to work release This 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.

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