N.Y. Comp. Codes R. & Regs. tit. 7 § 5.30

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.30 - Employee record

(a) An employee or former employee shall have the opportunity to inspect and copy his own personal history folder at his work location or former location, respectively.

(b) Former employees may request to have copies of records sent to them. The custodian of the record of a former employee shall respond to a request from a former employee in accordance with section 5.35 of this Part. Present employees may be charged for copies according to section 5.36 of this Part, unless otherwise provided by collective bargaining agreement.

(c) Employee medical records shall not be provided to anyone except (1) pursuant to an authorization signed by the subject or someone authorized to act on his behalf, (2) in the case of a bona fide medical emergency to a provider of health services, (3) for scientific and historical research, provided the privacy of the subject is protected, or (4) as otherwise required or permitted by law.

(d) State, local and Federal law enforcement agencies may also be permitted to inspect, copy and receive information from personal history folders upon written or in-person request to the director of personnel. Medical information and records shall not be disclosed to law enforcement agencies except pursuant to a court order signed by a judge specifying the production of medical and/or psychiatric records, or pursuant to a written authorization of the employee or someone authorized to act on his behalf.

(e) As part of the routine of State business, including retirement, transfer, promotion, separation from State service or the filing for benefits, employee records may be made available to other State agencies.

(f) Information on an employee's job performance and the reasons for leaving employment or the reasons for a change in supervisor, unit or duty station may be provided to private firms and other nonstate agencies upon the written authorization of the employee or former employee.

(g) Verification as to whether a named person is an employee of the department may be made pursuant to telephone, mail or in-person inquiry. Information as to the length and location of employment of said employee may be disclosed pursuant to said inquiry.

(h) Information as to the salary and title of a named employee of the department shall be supplied only pursuant to written request, except that such information may be supplied upon oral request to other State departments and agencies, to local, Federal and State law enforcement agencies and to the media by the office of public information.

(i) Other information regarding an employee may be released for a proper purpose by the commissioner, a superintendent, the director of personnel or a designee thereof, in his discretion, giving consideration to the privacy of the employee.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 5.30