The New Hampshire Personnel File Inspection Requirements for Companies entail specific guidelines and provisions regarding employees' access to their personnel files. These requirements aim to promote transparency, protect employee rights, and ensure compliance with state laws. Here is a detailed description of the key aspects of New Hampshire's personnel file inspection requirements for companies. 1. New Hampshire Personnel File Definition: Under New Hampshire law, a personnel file refers to any record or collection of records, either written or electronic, which is or has been used by the employer to manage and track the employee's employment relationship. 2. Employee's Right to Inspect: New Hampshire companies must permit employees to inspect and review their personnel files upon written request. Employees have the right to access these files during regular business hours within a reasonable time after the request has been made. Companies should accommodate access within a timeframe that does not significantly disrupt business operations. 3. Mandatory Presence: In New Hampshire, companies are required to allow employees to inspect their personnel files in the presence of a designated representative. This representative can either be a human resources professional or any other individual the employee chooses, such as their legal counsel or a union representative. 4. Frequency and Limitations: While New Hampshire law does not explicitly state the frequency of personnel file inspections, companies are generally expected to allow reasonable inspection opportunities. However, frequent and recurring requests may be subject to reasonable limitations to prevent abuse or disruption in the workplace. 5. Reasonable Expenses: Companies are permitted to charge employees reasonable expenses for reproducing copies of documents requested from their personnel files. However, New Hampshire law does not provide a specific definition of what constitutes reasonable expenses. Companies should clarify and communicate these costs transparently to employees to avoid any disputes. 6. Content and Exclusions: New Hampshire personnel files typically include information such as employment agreements, job descriptions, performance evaluations, disciplinary records, attendance records, and training records. However, certain documents may be exempt from inspection, such as confidential medical records, trade secrets, or information related to ongoing investigations. 7. Dispute Resolution: In the event of a disagreement or dispute concerning access to personnel files, if an agreement cannot be reached between the employer and employee, the New Hampshire Department of Labor may be contacted for assistance or further guidance. Although New Hampshire personnel file inspection requirements for companies do not specifically define different types of inspections, these guidelines apply to all employees requesting access to their personnel files. Companies should ensure they are familiar with these requirements to maintain compliance and foster a transparent work environment while safeguarding confidential information.
New Hampshire Personnel File Inspection Requirements for Companies
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Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
Medical information and records obtained as part of the interactive process must be maintained separate from the employee's personnel file and kept confidential. 2 CCR § 11069(g) Employers must keep information obtained regarding the medical or physical conditions or history of the employee confidential.
The legal documents that every employee personnel file must have are: Basic employee information: Name, address, phone number, and emergency contact details. IRS tax withholding forms: W-4s and/or W-9s. Payroll and compensation information: Any paycheck or pay card data.
Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.
Examples of items that should not be included in the personnel file are:Pre-employment records (with the exception of the application and resume)Monthly attendance transaction documents.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...
A personnel file is an employers' saved documentation of the history and status of the entire employment relationship with an individual employee. The employer maintains this employment documentation in a personnel file for three reasons.
The number one item that should not be kept in the employee's personnel file is medical information. Under California regulations, medical information should be kept separate from the personnel file to protect the employee's confidential information.
Definition Employee Personnel Files are defined to include the application for employment, and records which are used or have been used to determine an employee's qualifications for promotion, compensation, termination, or disciplinary action.
The purpose of keeping an employee personnel file is twofold: to document what your company needs for its own purposes and to keep documentation as required by law.
Examples of these are letters, emails, diaries, photographs and daily planners. Personal records also include things like student identification cards and drivers' licenses. Dance cards, in which people kept a record of their dance partners at various social events, could be considered a type of personal record.
