5.10.4 Personnel File Review
Upon written request by the employee, former
employee, or employee-authorized representative, payroll and personnel
files may be reviewed at a time mutually agreed upon and in a location
designated by the person in charge. Locations may limit file review to
the requesting employee's non-working hours. Requests for file review
may be made by former employees only once a year. Employees are not entitled to unsupervised
review of their files.
Employees are entitled to a copy of their
payroll and/or personnel file; the location may charge employees for
the actual cost of making the copies. The location may mail the file at
the employee's expense if it relates to an employee terminated for
unlawful conduct or for violation of archdiocesan policies on harassment
and workplace violence.
Unless the employee and location agree
otherwise, a payroll file must be provided within 21 days and a
personnel file within 30 days of receipt of the written request, but in
no event may a personnel file be provided later than 35 days after the
request is received. These deadlines are established by law; failure to meet them may result in significant penalties. Files must not be sent out without prior review from the Office of the Legal Counsel.
Employees shall be provided a request form
stating the documents requested. The signed request form should be
placed in their personnel file. Please see the sample Personnel File and Payroll Record Request. If an employee's authorization is received from a representative of the employee, the signature must be "wet"
— that is, no electronic or typed signature will be accepted. For questions, contact the Office of the Legal Counsel.
Employees do not have a right to review the following items in their personnel files:
Records relating to the investigation of a possible criminal offense
Confidential letters of reference
Ratings,
reports, or records that were obtained prior to employment, prepared by
identifiable examination or search committee members, or obtained in
connection with a promotional examination
This policy does
not apply to employees who file a claim or lawsuit that relates to a
personnel matter against the location or archdiocese. In these
circumstances, personnel files are handled as part of the claim or
litigation.
5-20-21