Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

46 Pa. Code § 15.55. Personnel records.

§ 15.55. Personnel records.

 Personnel records shall be maintained as follows:

   (1)  Administrative organizational charts. Retain one copy permanently if not included with minutes. Retain duplicate copies as long as of administrative value.

   (2)  Applications for employment—not hired. Retain these records 2 years.

   (3)  Civil service commission records. Retain as follows:

     (i)   Appeals/removal files. Retain these records 5 years after expiration of all appeal periods.

     (ii)   Eligibility lists. Retain these records 5 years after list expires.

     (iii)   Merit system examination records and answer sheets. Retain these records 5 years.

     (iv)   Recommendations of applicants for appointments. Retain these records 5 years.

   (4)  Emergency information sheets. Retain most recent update for tenure of employe.

   (5)  Employe card files or record books. Retain these records permanently.

   (6)  Employe health insurance claim files. Retain these records 5 years after settlement of claim.

   (7)  Equal employment opportunity records.

     (i)   Compliance reports and related records. Retain these records 3 years.

     (ii)   Official discrimination complaint case files. Retain these records 4 years after resolution of case.

   (8)  Individual employe medical records. Retain these records the same length of time as individual employe personnel records. If the employe has been exposed to toxic substances or harmful physical agents in the work place, retain these records at least 30 years after termination of employment and comply with appropriate Occupational Safety and Health Standards issued by the United States Department of Labor (29 CFR Chapter 17 (relating to intergovernmental review of Department of Labor programs and activities). See §  13.53(16) and (23) (relating to administrative and legal records).

   (9)  Individual employe personnel records. These records include applications for employment, commendations, correspondence, health insurance membership applications, letters of resignation, life insurance applications, performance evaluations, personnel change forms, personnel history card, photo identification records, references, resume, retirement membership applications, salary review forms, separation report, training records and vacation and sick leave reports.

     (i)   Employes who separate with post-termination benefits. Retain these records 50 years after termination of employment. If all benefits are paid prior to expiration of the 50-year period, retain records 3 years after all benefits have been paid. If applicable, comply with union rules relating to certain types of personnel records such as evaluations and reprimands.

     (ii)   Employes who separate without post-termination benefits. Retain these records 5 years after termination of employment. If applicable, comply with union rules relating to certain types of personnel records such as evaluations and reprimands.

   (10)  Job announcements. Retain these records 2 years after position has been filled.

   (11)  Job descriptions. Retain these records current plus one prior revision.

   (12)  Labor negotiations files. Retain these records 5 years after expiration of contract.

   (13)  Union grievances. Retain these records 3 years after final resolution.

   (14)  Worker’s compensation records. Retain these records 4 years after the signing of final settlement receipt, or 4 years after death of recipient.

Source

   The provisions of this §  15.55 adopted February 18, 1994, effective February 19, 1994, 24 Pa.B. 993.

Cross References

   This section cited in 46 Pa. Code §  15.51 (relating to general provisions); 46 Pa. Code §  15.52 (relating to applicability); and 46 Pa. Code §  15.53 (relating to administrative and legal records).



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