25 CAR § 60-106. General Schedule (GS) 04 — Personnel and human resource records

(a) This category includes: (1) Records of each state agency’s employees, showing the: (A) Names; (B) Titles; (C) Positions held; (D) Organizational assignments; (E) Salaries; (F) Changes of employment status; (G) Attendance; (H) Leave; and (I) Performance evaluations; and (2) Such other information or policies as may be necessary for the administration of rules pertaining to this category of records. (b) If a personnel record is the subject of litigation or other official action, the: (1) Retention period listed within this schedule will be superseded; and (2) Record will be retained until such action has been finalized. (c) This section is not intended to govern compliance with federal employment laws such as the Equal Pay Act of 1963, Pub. L. No. 88-38, the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., or the Family and Medical Leave Act of 1993, Pub. L. No. 103-3, etc. (d) Note. The Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., does not define the term "personnel records”. (e) The following record categories are supportive of the audit process of the Arkansas Legislative Audit. (f)(1) The following record retention periods reflect the retention and disposition of the official record regardless of media. (2) Copies used for specific legal, fiscal, or administrative purposes may be either: (A) Retained using the retention for the primary copy; or (B) Scheduled separately if a different retention is required. (g) Copies of these documents preserved only for convenience of reference or informational purposes may be discarded when no longer needed. Record Number & Category Title Description Minimum Retention Period GS 04001 Equal Employment Opportunity Plan A plan that includes goals and objectives which delineates the steps an agency will take to provide equal opportunity within its workforce Until plan is replaced by an updated version GS 04002 Training and Education Records Documents classes, meetings, and seminars for training or education purposes 4 years or as long as administratively necessary to the agency, whichever is greater GS 04003 Discrimination Complaint Case Files -Charges Filed Any charge of discrimination filed against the agency including all records of the charge 3 years or until final disposition of the charge or action, whichever is greater GS 04004 Discrimination Complaint Case Files -Charges Not Filed Any allegation of discrimination where a charge has not been filed 3 years from the incident report GS 04005 Eligibility Verification Form and Records (I-9) Documents that an employer has verified prospective employee / recruit is a U.S. citizen, resident alien or legal immigrant eligible to work in U.S., as required by U.S. Immigration and Naturalization Service 3 years after date of hire or one year after separation date, whichever is later (as required within The Immigration Reform & Control Act of 1986/PL 99-603, Sec. 274) Record Number & Category Title Description Minimum Retention Period GS 04006 Employee Benefit Records Documents pertaining to an employee’s personal health information such as medical and dental benefit records 5 years after separation or until closure of unresolved personnel issues, whichever is greater GS 04007 Employee Personnel Records Records documenting an individual’s employment, such as professional certification, promotions, evaluations, disciplinary actions, and security check records 5 years from the date of separation or until closure of unresolved personnel issues, whichever is greater GS 04008 Employment History Records Documents pertaining to an employee’s length of service and pay-grade evidencing proof of service Permanent GS 04009 Employee Wage and Hour Records Records pertaining to time and leave information Until authorized by the legislative auditor GS 04010 Grievance Records and Reports Documents the proceedings of an employee grievance, including the initial complaint, actions, investigation, summary and disposition 3 years after closure GS 04011 Position Classification and Description Files Documents job description by a position or class of positions Until superseded plus three years GS 04012 Recruitment, Hiring, Interview and Selection Records Documentation of recruitment, selection, hire, and promotion of employees. Includes position descriptions, job announcements and advertisements, selection criteria, evaluations, rankings, and employment applications of successful and unsuccessful applicants. 3 years from date position is filled or until final disposition of the charge or action, whichever is greater. (see U.S. Code 29 C.F.R. § 1602.31) GS 04013 Unemployment Insurance Records and Reports Documents payment or denial of unemployment claims. 5 years after case closure GS 04014 Workers Compensation Accident Reports Documents the occurrence of occupational injuries as reported to the Arkansas Workers Compensation Commission 3 years from date of injury GS 04015 Workers Compensation Illness Reports Documents the occurrence of occupational disease or occupational infection as reported to the Arkansas Workers Compensation Commission 6 years from the date incident occurred (refer to Arkansas Code Annotated: § 11-9-702)