(1) As used in this section:
(a) “Employer” has the meaning given that term in ORS 656.005.
(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 351.065.
(2) Within 45 days after receipt of the request of an employee, the 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 or employment termination or other disciplinary action. Within 45 days after receipt of the request of the employee, the employer shall furnish a certified copy of the records.
(3) Upon termination of employment, the employer shall keep the terminated employee’s personnel records for not less than 60 days. The terminated employee may request a certified copy of the records within the 60-day period or at any time thereafter if the employer has the records at the time of the request. Within 45 days after receipt of the request, the employer shall furnish a certified copy of the records.
(4) Notwithstanding the time periods described in subsections (2) and (3) of this section, if the employee’s personnel 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) An employer may charge an employee for the services referred to in subsections (2) and (3) of this section only an amount that is reasonably calculated to recover the actual cost of providing the services. [1977 c.861 §2; 1985 c.404 §6; 2007 c.276 §1]
Section: Previous 652.550 652.560 652.570 652.580 652.610 652.615 652.620 652.630 652.635 652.640 652.710 652.720 652.750 652.900 652.990 NextLast modified: August 7, 2008