Administrative Rules of Montana
Department 2 - ADMINISTRATION
Chapter 2.21 - STATE HUMAN RESOURCES DIVISION
Subchapter 2.21.66 - Employee Records Management Policy
Rule 2.21.6613 - RECORDS CONTAINING GENETIC INFORMATION
Current through Register Vol. 6, March 22, 2024
(1) The federal Genetic Information Nondiscrimination Act (GINA) provides that the following records contain genetic information:
(2) Examples of frequently used employee personnel records that may contain genetic information include Family and Medical Leave Act (FMLA) request forms, reasonable accommodation requests, medical certifications, medically fit for duty forms, and records relating to worker's compensation claims and employee participation in wellness programs.
(3) Genetic records do not include:
(4) GINA prohibits the collection of genetic information, except in specific instances. For exceptions to obtaining genetic information, refer to:
AUTH: 2-18-102, MCA; IMP: 2-18-102, MCA