Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction:
The proper maintenance of employee records is an important
component of agency administration. Well-maintained employment files assist
agencies in making sound employment decisions and help to ensure that agencies
comply with recordkeeping and reporting obligations in accordance with state
and federal laws.
This Rule provides guidance regarding the proper handling,
confidentiality, and use of employment-related records.
(2)
Applicability:
This Rule applies to all agencies of the executive branch,
local departments of public health, and community service boards. It does not
apply to other public corporations, authorities, or the Board of Regents of the
University System of Georgia.
(3)
Definitions:
For the purposes of this Rule, the following terms and
definitions apply in addition to those in
478-1-.02, Terms and
Definitions:
(a) "Confidential
employment records" means records which must be maintained in files separate
from or in a separate folder within the official personnel file. Such items
include but are not limited to medical records, documents relating to
certifications or recertifications under the federal Family and Medical Leave
Act (FMLA), I-9 forms, workers' compensation records, and background check
records.
(b) "Official personnel
file" means records documenting an employee's work history with an agency.
Official personnel files should be stored in a secure location. Access should
be restricted to those with a legitimate need for access or as required by
law.
(c) "Records" means all
documents, papers, letters, maps, books (except books in formally organized
libraries), microfilm, magnetic tape, computer-based or computer-generated
information, or other material, regardless of physical form or characteristics,
made or received pursuant to law or ordinance or in performance of functions by
any agency.
(d) "Retention
schedule" means a set of disposition instructions prescribing how long, where,
and in what form a record series shall be kept.
(4)
Employment Records:
(a) Each agency will maintain an official
personnel file for each employee that includes information such as the
employee's job application, resume, training records, performance-related
documentation, salary history, dates of leave taken in accordance with the
federal Family and Medical Leave Act (FMLA), as well as dates of other extended
leaves of absence, and other employment-related information. If confidential
employment records are stored in the official personnel file given lack of
storage space or other reasons, they must be in a separate folder within the
file and clearly marked as confidential so that confidential information can be
easily removed by designated persons when necessary.
(b) Employment records are the property of
the employing agency and are subject to the Georgia Open Records Act.
(c) When creating and maintaining employment
records, agencies will strive to ensure that:
1. All employment records are securely
maintained;
2. All personal and
job-related information is accurate, complete, and relevant for its intended
purpose; and
3. All personal and
job-related information is handled in a confidential, appropriate
manner.
(d) When
collecting, maintaining, and disclosing employment information, agencies will
make every effort to protect every employee's privacy rights and interests and
to prevent inappropriate or unnecessary disclosures.
(e) Agencies will collect and retain personal
information only to the extent necessary to effectively conduct business and
administer employment and benefit programs. Wherever possible, if additional
personal information is needed, agencies will notify affected employees and
provide them an opportunity to supply the requested data.
(f) The Commissioner, agencies, and human
resources officers may access agency employment records and any other records
of the State Personnel Board and the Department of Administrative Services to
the extent necessary to perform their duties. Such access will not be construed
as impairing the confidential nature of human resources records or permitting
disclosure of information protected by employees' privacy rights.
(5)
Employee
Transfers:
(a) In the event of an
employee transfer from one executive branch agency to another, the employee's
official personnel file must be transferred to the new employing agency within
two weeks of the employee's last day of employment with the previous
agency.
(b) Confidential employment
records should be removed from the personnel file before it is transferred and
should be retained in accordance with applicable records retention
schedules.
(6)
Accuracy of Information:
Employees are required to provide their employing agency with
accurate, up-to-date personal information, including but not limited to, name,
home address, telephone numbers, tax withholding information, marital status,
number of dependents, beneficiary designations, and emergency contacts.
(7)
Employee Access:
Employees are entitled to review their employment records upon
request. The review must take place in the presence of a member of the agency
human resources office. An employee cannot remove any contents of the file, but
photocopies must be provided within a reasonable time after the employee's
review of the file and at the employee's expense, pursuant to the Georgia Open
Records Act.
(8)
Employment Records and the Georgia Open Records Act:
Unless specifically exempted by federal law, state law, or by
an order of court, all documents, papers, letters, maps, books, tapes,
photographs, data, data fields, computer-based or computer-generated
information, or similar materials prepared and maintained or received by an
agency in the course of its operations are public records that may be inspected
by any individual at a reasonable time and place. When documents are to be
produced to individuals other than the employee, confidential information must
be redacted from the file prior to release.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.
