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This is an obsolete version of the rule. Please click on the rule number to view the current version.

2.21.6612    RECORDS THAT CONSTITUTE EMPLOYEE PERSONNEL RECORDS

(1) Employee personnel records, both electronic and paper, include:

(a) preemployment information (resumes, references, interview questions, etc.);

(b) compensation, job history, and timekeeping records;

(c) employee accident reports and worker's compensation claims;

(d) I-9 forms;

(e) W-4 forms;

(f) benefit plans and employee medical records (including disability accommodation requests and supporting documents, and any record that contains genetic information);

(g) performance appraisals;

(h) disciplinary action records;

(i) background check information;

(j) office policies/documents signed by employee; and

(k) awards and acknowledgements.

(2) Employee personnel records do not include documents, information, or other evidence developed as part of an investigation. If an investigation results in disciplinary action, the disciplinary action record is an employee personnel record. Investigations include, but are not limited to, grievances, violations of agency rules, policies, and procedures, or matters that may result in civil or criminal liability.

History: 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 2010 MAR p. 1070, Eff. 4/30/10.

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