Employee Access to Personnel File Policy
Purpose of Policy: It is the policy of Skava to maintain personnel records for applicants, current employees, and past employees in order to document employment-related decisions, evaluate and assess policies, and comply with government recordkeeping and reporting requirements. To comply with current law, Skava allows employees access to certain content in their personnel file as defined below.
Definition of Personnel File: A personnel file contains records kept by an employer that identify an employee, to the extent that the records are used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. These documents may include, but not be limited to:
- Employment application and resume;
- Tax withholding forms;
- Employee handbook acknowledgement;
- Attendance records;
- Performance reviews;
- Disciplinary action; and
- Termination documents.
Personnel File Access: Employees who want to review their personnel file must provide the Human Resources Department a 48-hour written notice. Employees may grant written authorization for another individual to have such access to their personnel file. Former employees and designated representatives of the employee must present current identification.
Viewing a Personnel File: Employees or their designated representative must view the personnel file in the presence of a representative of the Human Resources Department. Personnel files are the property of Skava and may not be removed from the premises. Removal, destruction, or alteration of all or part of the employee’s personnel file is strictly forbidden.
Copying a Personnel File: Employees do not have the absolute right to copy everything in their personnel file. Employees must make a written request to receive copies of all or portions of the personnel file. Employees also may take notes about the contents of their personnel file during the inspection.
Medical records: Employers and health care providers are required to protect medical records as confidential, separate and apart from other business and personnel records. Therefore, Skava places medical information in separately protected files. These files may contain:
- Employee’s health insurance application;
- Employee’s life insurance application;
- Request for medical leave of absence;
- Accident reports related to the employee;
- Workers’ compensation report of injury or illness;
- Occupational Safety and Health Administration (OSHA) injury and illness reports; and
- Any other form or document that contains private medical information specific to the employee.
Subpoena of Personnel Records: Skava will comply with all requests by subpoena of personnel records after confirmation of the identity of the agency or individual. However, even with a subpoena, the Human Resources Department will first consult with legal counsel prior to compliance with the subpoena. While applicable law may require disclosure of employee information to government agencies without notifying the employee the disclosure was made, at the discretion of the Human Resources Department and if applicable law permits, the employee may be advised of the existence of a subpoena for medical records.
Retention of Employee Personnel File: Employee personnel files may be kept for a period of up to five years following an employee’s termination, unless the file is subject to other state law or legal requirements or there is a pending legal matter involving the employee.
PRIVACY SHIELD FOR EU, UK AND/OR SWISS EMPLOYEES WHOSE DATA IS BEING TRANSFERRED INTO THE UNITED STATES
Pursuant to the Privacy Shield principles, Skava attests to the following:
- EU, UK, and Swiss individuals have the right to access their personal data and correct inaccuracies or delete information that has not been processed in adherence to the principles
- Skava does not share, rent or sell data with/to non-agent third parties, if this practice should change in the future, we will update this policy accordingly and provide effected employees with opt-in choice.
- We remain liable for the onward transfer of personal data to third parties acting as our agents unless we can prove we were not a party giving rise to the damages
- We may be required to reveal personal information in response to lawful requests by public authorities including to meet law enforcement and national security requirements
If your complaint involves human resources data transferred to the United States from the EU, the UK and/or Switzerland in the context of the employment relationship, and Skava does not address it satisfactorily, Skava commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and/or the Swiss Federal Data Protection and Information Commissioner, as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Complaints related to human resources data should not be addressed to the BBB EU PRIVACY SHIELD.
Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data- protection/bodies/authorities/index_en.htm.
Contact details for the UK Information Commissioner’s Office can be found at https://ico.org.uk.
Contact details for the Swiss Federal Data Protection and Information Commissioner (FDPIC) can be found at https://www.edoeb.admin.ch/edoeb/en/home.html.
Skava is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Employer Right to Amend Policy: Skava reserves the right to amend, delete, or revise parts of this policy at any time.