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17.1. The Department will maintain personnel records and
information for each applicant, employee, and past employee in a
manner that will balance each individual's right to privacy with
the Department's need to obtain, use, and retain employment information.
17.2. All personnel records will be maintained by the Personnel
Director in a locked, secure location with controlled accessed.
17.3. Personnel records are to contain information which
is needed by the Department to conduct its business or which is
required by federal, state, or local law. This information normally
will include, but will not necessarily be limited to, the following:
application forms, payroll information, performance appraisals,
evaluations, disciplinary records, attendance records, transcripts,
emergency contact information, job descriptions, reference documents,
drug-free workplace, workplace security, letters of recognition,
exit interview information, and discharge notices.
17.4. Personnel records pertaining to an employee's medical
information, participation in an ERP, EEOC documentation, I-9 forms,
Workers' Compensation and FMLA records will be maintained in separate
files in a secure location.
17.5. Employees have a responsibility to keep their personnel
records up to date by promptly notifying the Administrative Services
Division in writing of any changes in the following:
..........17.5.a. name;
..........17.5.b. address;
..........17.5.c. telephone
number;
..........17.5.d. marital status,
where the change in status affects benefits and/or tax withholding;
..........17.5.e. number of
dependents;
..........17.5.f. addresses
and telephone numbers of dependents and spouse or former spouse
(for insurance purposes only);
..........17.5.g. beneficiary
designations for any of the insurance, disability and pension plans;
and
..........17.5.h. persons to
be notified in case of emergency.
17.6. Employees who have a change in the number of dependents
or marital status must complete a new IRS Form W-4 for income tax
withholding purposes within ten (10) days of the change if the change
results in a change in the number of dependents.
17.7. Employees are allowed to inspect their own personnel
records during normal business hours with appropriate notice and
in the presence of a witness designated by the Personnel Director.
17.8. Employees are prohibited from inspecting any personnel
files except their own, except where there is a legitimate managerial
need to know the information. Examples of individuals who may have
a legitimate need to inspect personnel records include the Commissioner,
Deputy Commissioner, Personnel Director or a designated assistant,
Payroll Administrator, and any Division Director who is considering
an employee for promotion, transfer, or other personnel action.
17.9. Inspecting the personnel file of another employee without
a legitimate managerial need to know the information and failing
to maintain confidentiality of any file may subject the employee
to disciplinary action.
17.10. Any access to a personnel file will be verified, recorded,
and maintained as a permanent part of the file.
17.11. Employees who, after inspecting their personnel files,
feel that any material is inaccurate or irrelevant may submit a
written request to the Personnel Director to have the material revised
or removed from the file. If such a request is not granted, the
employee will be permitted to place a written statement of disagreement
in the file and can pursue the matter further using the regular
Administrative Review policies.
17.12. The Department considers the contents of an employee's
personnel file to be private information and will not disclose such
information to the public, except as ordered by a court upon clear
and convincing evidence that the public interest requires such disclosure
in compliance with West Virginia Freedom of Information Act, W.Va.
Code § 29B-1-1 et seq.
17.13. Employees are to refer any requests from outside the
Department for personnel information concerning applicants, employees,
and past employees to the Personnel Director.
17.14. The Personnel Director may verify wage and salary
information and release the following information without first
obtaining the written consent of the individual involved: employment
dates, position held, and location of job site. Any other information
will require a written release by the employee.
17.15. The Personnel Director is to make provisions to retain
certain personnel records as required by various federal, state,
and local laws.
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