1. Policy Statement
Family Promise of Puget Sound (FPOPS) maintains personnel files for all employees, containing records pertinent to their employment. FPOPS is committed to maintaining the confidentiality of these files while ensuring appropriate access in accordance with legal requirements and organizational needs. This policy outlines the procedures for employee access to their own personnel files and establishes guidelines for responding to external reference requests, ensuring fairness, privacy, and compliance with all applicable laws.
2. Purpose
The purpose of this policy is to:
* Define the procedures for employees to access their own personnel files as permitted by law.
* Establish clear guidelines for FPOPS personnel regarding access to and maintenance of personnel files.
* Outline the organization’s approach to providing employment references for current and former employees.
* Protect the privacy of employee information.
* Ensure compliance with federal and Washington State laws concerning personnel records and reference checks.
3. Scope
This policy applies to all paid employees, unpaid staff, and former employees of Family Promise of Puget Sound. It also applies to all FPOPS personnel involved in maintaining personnel records or responding to reference requests.
4. Guiding Principles
* Confidentiality: Protect the privacy and confidentiality of employee information contained within personnel files.
* Transparency (Employee Access): Provide employees with appropriate access to their own records as required by law.
* Fairness and Consistency: Apply access and reference procedures consistently and equitably.
* Legal Compliance: Adhere strictly to all federal and Washington State laws, including those related to personnel file access (RCW 49.12.240 and RCW 49.12.250) and permissible information disclosure.
* Accuracy: Strive to maintain accurate and complete personnel records.
* Protection of Reputation: Safeguard the reputation of both the organization and its employees when providing references.
5. Definitions
* Personnel File: A collection of documents related to an employee’s employment, typically including application materials, offer letters, performance reviews, disciplinary actions, compensation history, and training records.
* Confidential Information: Any information deemed sensitive or private, including but not limited to medical records, background check results, and confidential investigation notes.
* Reference Request: An inquiry from a prospective employer or other authorized entity seeking information about a current or former employee’s employment with FPOPS.
6. Policy Guidelines and Procedures
6.1. Personnel File Access (Employee)
In accordance with Washington State law (RCW 49.12.240 and RCW 49.12.250), employees and former employees have the right to inspect their own personnel file.
* Requesting Access:
* Employees or former employees wishing to review their personnel file must submit a written request to the CEO.
* The request should specify the documents or sections they wish to review.
* Scheduling Review:
* FPOPS will arrange for the review to take place within a reasonable timeframe, typically within ten (10) business days of receiving the written request, or as otherwise required by law.
* The review will occur at FPOPS’s main office during normal business hours and will be supervised by the CEO or a designated HR representative.
* Scope of Access:
* Employees may review all documents in their personnel file, except for certain confidential materials that are exempt from inspection by law (e.g., confidential investigation notes, records related to other employees, or certain medical records).
* Employees may take notes during their review.
* Employees may request a copy of any document in their personnel file, except for those legally exempt from disclosure. FPOPS may charge a reasonable fee for copying costs.
* Adding Information:
* If an employee disagrees with any information in their personnel file, they may submit a written statement explaining their position. This statement will be placed in their file alongside the disputed document.
* No Removal: Employees are not permitted to remove any documents from their personnel file.
6.2. Personnel File Access (FPOPS Personnel)
* Access to personnel files is restricted to the CEO, the employee’s direct supervisor, and other authorized FPOPS personnel (e.g., Program Directors, HR representatives) who have a legitimate business need to access the information for employment-related purposes (e.g., performance management, benefits administration, legal compliance).
* All personnel accessing files must maintain strict confidentiality.
6.3. Reference Requests
FPOPS will respond to reference requests for current and former employees in a consistent and controlled manner to ensure accuracy, fairness, and to protect both the employee’s privacy and the organization’s interests.
* Authorized Personnel: Only the CEO or a specifically designated HR representative is authorized to provide employment references on behalf of Family Promise of Puget Sound. Supervisors and other employees are not authorized to provide references.
* Standard Information Provided (Without Employee Consent):
* Dates of employment (start and end dates).
* Last position(s) held.
* Information NOT Provided (Without Employee Consent): FPOPS will generally not provide information regarding:
* Reasons for termination (voluntary or involuntary).
* Performance details (e.g., quality of work, attendance, disciplinary actions).
* Salary or compensation history.
* Any other confidential or subjective information.
* Providing More Detailed Information (With Employee Consent):
* If a current or former employee wishes FPOPS to provide more detailed information (e.g., performance, specific skills, reasons for leaving), they must provide FPOPS with a written release/authorization specifically authorizing the disclosure of such information to the requesting party.
* The release must clearly state what information may be disclosed and to whom.
* FPOPS reserves the right to decline to provide detailed references even with a release, if it deems it inappropriate or potentially misleading.
* Legal Inquiries: FPOPS will comply with all legally binding requests for information (e.g., subpoenas, court orders) related to personnel files. Such requests will be handled by the CEO in consultation with legal counsel.
7. Responsibilities
* Employees/Former Employees: Responsible for submitting written requests for file access and providing written authorization for detailed reference checks.
* CEO/Designated HR Representative: Responsible for maintaining all personnel files, ensuring secure storage, managing access requests, and responding to all authorized reference inquiries.
* Supervisors: Responsible for directing all reference requests to the CEO or designated HR representative and for submitting accurate and timely documentation for personnel files.
* All FPOPS Personnel: Responsible for directing all external reference requests to the CEO or designated HR representative and for maintaining the confidentiality of all employee information.
8. Policy Review and Revision
This policy will be reviewed annually by the CEO and Board of Directors, or more frequently as needed, to ensure its continued effectiveness, relevance, and alignment with organizational needs, best practices, and all applicable federal and Washington State laws, particularly RCW 49.12.240, RCW 49.12.250, and RCW 49.12.260 (which addresses employer liability for providing references). Any revisions will be communicated to all relevant personnel.