Inspection of records by employee
- • furnishing copy to employee
- • disposition of record on termination of employment
- • charge for copies
- • public safety officer records
(1) As used in this section:
(a) “Employer” has the meaning given that term in ORS 656.005 (Definitions).
(b) “Personnel records” does not include records of an individual relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of this state or another state or the United States, confidential reports from previous employers or records maintained in compliance with ORS 352.226 (Personnel records).
(c) “Public safety officer” has the meaning given that term in ORS 236.350 (Definitions for ORS 236.350 to 236.370).
(d) “Time and pay records” means payroll records and other records and data described under the administrative rules established by the Bureau of Labor and Industries pursuant to ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions).
(2) Except as provided in subsection (7) of this section, within 45 days after receipt of an employee’s request, an employer shall provide reasonable opportunity for the employee to inspect, at the place of employment or place of work assignment, the personnel records of the employee that are used or have been used to determine the employee’s qualification for employment, promotion, additional compensation, employment termination or other disciplinary action and time and pay records of the employee for the period required by the Fair Labor Standards Act, 29 U.S.C. 211(c), and accompanying regulations. Within 45 days after receipt of the employee’s request, the employer shall furnish a certified copy of the records.
(3) Upon termination of employment, the employer shall keep:
(a) The terminated employee’s personnel records for not less than 60 days.
(b) The terminated employee’s time and pay records for not less than the period required by the Fair Labor Standards Act, 29 U.S.C. 211(c), and accompanying regulations.
(4) Notwithstanding the time periods described in subsection (2) of this section, if the employee’s personnel records or time and pay records are not readily available, the employer and the employee may agree to extend the time within which the employer must provide the employee reasonable opportunity to inspect the records or furnish the employee a certified copy of the records.
(5) For the services referred to in subsection (2) of this section only, an employer may charge an employee no more than an amount reasonably calculated to recover the actual cost of providing the services.
(6)(a) Except as provided in paragraphs (b) and (c) of this subsection, an employer may not place an adverse comment in the personnel records of a public safety officer unless the officer has first read and signed the document containing the adverse comment.
(b) If a public safety officer refuses to sign a document containing an adverse comment, the employer may place the document in the officer’s personnel records with a notation that the document was presented to the officer and the officer refused to sign it.
(c) If a public safety officer is not available to read and sign the document containing an adverse comment at the work location where the personnel files are maintained, the employer may place the document in the officer’s personnel records and mail a copy of the document to the officer by regular mail or interoffice mail.
(d) A public safety officer may write a response within 30 days of being presented with a document containing an adverse comment. If a public safety officer writes a response to a document containing an adverse comment, the response must be attached to the original document and placed in the officer’s personnel records.
(7)(a) Upon request, a public safety officer may inspect the officer’s own personnel records at a reasonable time at the location where the records are kept by the employer.
(b) If, after inspection, a public safety officer believes that any portion of the material is mistakenly or unlawfully placed in the officer’s personnel records, the officer may request in writing that the mistaken or unlawful material be corrected or deleted. The request must describe the corrections or deletions requested and the reasons supporting the request and provide any documentation that supports the request. The employer shall respond within 30 days from the date the request is received. If the employer does not correct or delete the material, the employer shall place the request and the employer’s response to the request in the officer’s personnel records. [1977 c.861 §2; 1985 c.404 §6; 2007 c.276 §1; 2009 c.716 §4; 2016 c.115 §2]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.