Personnel Files - General

  1. Personnel files are for all records relating to an employee's employment.

  2. Texas employers are not legally required to let employees view the contents of the personnel file.

    1. Exception: public employees may request copies of their personnel file documents under the Public Information Act.

  3. Only one separate file must be maintained apart from regular personnel records: medical information (including FMLA and workers' compensation records) - that is because the Americans with Disabilities Act requires that any medical records pertaining to employees be kept in separate confidential medical files.

  4. Still, it is a good idea to maintain other types of records in separate files as well:

    1. I-9 records;

    2. safety records; and

    3. grievance and investigation records.

  5. Develop a secure file access procedure to ensure that only those who need to see certain records can ever see them.

For an example of a personnel files policy, click here.

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