N.H. Admin. Code § Per 1501.03

Current through Register No. 50, December 12, 2024

Section Per 1501.03 - Contents of Personnel Files

(a) The appointing authority may place any one or more of the following documents in an employee's agency personnel file:

(1) Hard copy or electronic forms implementing personnel actions which affect the employee;

(2) Hard copy or electronic forms implementing changes which affect the position to which the employee is assigned;

(3) Hard copies or electronic versions of applications relating to state positions for which the employee has applied, including copies of any supporting documentation submitted by the employee or obtained by the employer in relation to an application;

(4) Hard copies of performance evaluation forms, related counseling letters, and rebuttals;

(5) Hard copies of documents pertaining to disciplinary actions and rebuttals;

(6) Hard copies or electronic versions of letters of commendation or complaint, provided that a copy is given to the employee when the letter is placed in the personnel file;

(7) Hard copies or electronic versions of other employment related correspondence; and

(8) Hard copies or electronic records of training, licensure, certification or other forms of permission related to the individual's employment.

(b) The following documents shall be placed in the employee's permanent personnel file at the division of personnel:

(1) Computerized forms implementing personnel actions which affect the employee;

(2) Computerized forms implementing changes which affect the position to which the employee is assigned;

(3) Original copies of applications relating to state positions for which the employee has applied and has been selected;

(4) Copies of documents pertaining to disciplinary actions; and

(5) Decisions of the board or a court relating to the employee.

(c) The following documents shall be maintained by the agency in a separate file and shall be available to the employee for inspection and copying:

(1) Benefit acceptance or rejection forms;

(2) Medical records obtained in the course of the employment relationship, including any permitted drug or alcohol testing;

(3) First reports of injury submitted by the employee;

(4) Decisions either granting or denying an employee's application for workers' compensation benefits;

(5) Memos of payment resulting from approved workers' compensation claims; and

(6) Requests for reasonable accommodation and the agency's response to such requests.

(d) Written notice of disciplinary actions that are reversed or overturned through the process of informal settlement or appeal shall be removed from all personnel files at both the agency and the division.

(e) When an employee transfers from one state agency to another, the employee's personnel records described in paragraphs (a) and (c) above shall be transferred to the new agency.

N.H. Admin. Code § Per 1501.03

(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13

Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.