SECTION 720

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

19-720 | 19-720.01 | 19-720.02 | 19-720.03 | 19-720.04


19-720 RECORDKEEPING

SCOPE AND PURPOSE

This Regulation governs the recordkeeping requirements for human resources programs.

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19-720.01 STATEMENT OF POLICY

Each agency shall establish and maintain all records required by State law or the Office of Human Resources (OHR) concerning human resources programs.

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19-720.02 EMPLOYEE RECORDS

  1. Each agency shall establish and maintain an official human resources file for each employee which shall include, but not necessarily be limited to, the following:
  1. A copy of the employment application;
  2. Copies of all human resources actions reflecting the employee’s work history with the agency;
  3. Documentation directly related to the employee’s work record; and
  4. Copies of all performance evaluations.

(Refer to Section 19-707.02 J. 3.)

  1. An employee’s official human resources file shall be available for the employee’s review upon request.

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19-720.03 RECORDS RELEASE UNDER THE FREEDOM OF INFORMATION ACT

  1. In response to requests for information from human resources records, agencies may provide, pursuant to the Freedom of Information Act, an employee’s name, date of employment, title, sex, and race. (S.C. Code Ann. § 30-4-50)  The determination to disclose other types of information should be made on a case by case basis. Requests for salary information should be answered in accordance with the Freedom of Information Act. (S.C. Code Ann. § 30-4-40) (Refer to Section 19-703.05.)

  2. In responding to requests for information concerning current or former employees by prospective employers under § 41-1-65 of the South Carolina Code of Laws, agencies may provide information as follows: (S.C. Code Ann. § 41-1-65)

  1. Agencies responding to oral requests for information may disclose an employee's or former employee's dates of employment, pay level, and wage history.

  2. Agencies responding to written requests may disclose the following information to which an employee or former employee may have access:

  1. Written employee evaluations;

  2. Official human resources notices that formally record the reasons for separation;

  3. Whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and

  4. Information about job performance.

  1. Agencies shall not knowingly or recklessly release or disclose false information.

  2. Responses to requests under § 41-1-65 of the South Carolina Code of Laws should be considered in conjunction with the Freedom of Information Act.

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19-720.04 HUMAN RESOURCES INFORMATION SYSTEM (HRIS)

Refer to Section 19-701.05.

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