Preservation Salvation

California employers must maintain a personnel file and a separate confidential file or files — comprising medical records, private financial records, any applicable equal employment opportunity race, ethnicity and sex identities, and investigative or litigation files — for each employee for at least four years after the employment relationship ends.

Employers should include a handbook policy on maintaining, preserving, protecting, and accessing these documents.

Policy Drafting Tips:

• Identify the company representative or division that maintains these files;
• Inform employees when personnel records must be provided to outside third parties, such as in compliance with a subpoena or other court or administrative order; during a workers’ compensation proceeding; or in the administration of a company-sponsored benefit plan;
• Instruct employees how to request access to their own personnel records; and
• Ensure employees update their personal information, such as change of legal name, home address, or emergency contact person.

Take-Away:

Implement and regularly review a comprehensive, clearly written handbook to include a personnel records policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2023 template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Disorder Insurance – Workplace Policy Handbook & Forms for 2023 – Rule One: Rules (March 2, 2023)
• Handbook Helper Episode 5: Golden Rules – Workplace Conduct Policy (July 8, 2022)
• For the Records – Sound Management Practices For Personnel Documentation (August 14, 2020)

Cindy Bamforth
April 27, 2023