“This is going in your permanent record.”
While this phrase strikes fear in the hearts of
schoolchildren everywhere, even adults have their version of the “permanent
record”: the employee file. Though it’s not technically permanent, it’s an
important part of the employer-employee relationship. And you need to make sure
it’s updated and accurate.
What goes in the employee file? Employment lawyers Allen Kato of the
Fenwick and West, and Trey Wichmann, spell it out. Kato and Wichmann recently spoke
at an audio conference hosted by ERI’s parent company, Business & Legal
Resources.
What the Employee File Should Contain
Put in awards, performance appraisals, leave and absence records, discipline
records, acknowledgement of handbook receipt, and training records, especially
for training required by law. And to maintain credibility, Wichmann says,
employers should include both negative and positive information.
Other types of records for the file include:
–Payroll and compensation. Be aware of what state and federal laws
require.
–Benefits. Include plan-related records, notifications, and
employee benefit records.
–Medical records. Keep medical records in a separate, locked file
with limited access. This file may also include family leave records. (See
below for more on FMLA/CFRA.)
–ADA/FEHA. The Americans with Disabilities Act (ADA) and its state
counterpart, the Fair Employment and Housing Act (FEHA), require an interactive
process for discussing reasonable accommodation, and you must have records that
this interactive discussion took place.
–Workers’ compensation. Work-related injuries generate a series of
documents for your files.
–Safety records. You may generate records of toxic exposure or
hearing tests, for example.
–FMLA/CFRA. The Family and Medical Leave Act (FMLA) and the
California Family Rights Act (CFRA) trigger recordkeeping requirements that
include strictly timed notices and responses. Be especially careful to track
and document the use of intermittent leave, says Kato.
–Time off. Vacation, sick time, and other time-off records must be
painstakingly maintained.
–Promotions. This is one area in which employers often get lax.
Who’s going to file a lawsuit over a promotion, they say? But it’s not the
promoted employee who files the suit, says Kato, it’s the one who didn’t
get the promotion. Be sure to fully document your reasons for selecting
the employee for the promotion.
–Discipline. Progressive discipline records are particularly
important, because they are hard to challenge.
One Smart Shortcut To Take
While you’re keeping track of all your files, it’s important
to remember that what’s on your walls matters, too: There are numerous state
and federal postings you’re required to display on various topics, including:
• Whistleblowers
• Unemployment insurance
• Workplace safety
• Time off to vote
• Family leave
• Workplace injuries
• Minimum wage laws
•
Wage Orders
• And more!
Whew! There’s got to be an easier way than obtaining and
hanging these all separately, right? There is.
ERI has consolidated the posters you need onto two laminated
sheets—one state and one federal—for complete, no-hassle compliance. Our
specialist attorneys review these requirements so you’re always sure you have
the most up-to-date posters. You can get either English or Spanish versions. We’ll
even throw in the state Wage Order poster of your choice—it’s one-stop shopping
at its best, and a pretty good deal for just a few dollars per facility.
To order, or for more information, click here.