As used in this chapter:
(1) “Employee” means any individual currently employed or formerly employed by an employer and includes individuals in managerial positions;
(2) “Employee assistance program” means a program sponsored or authorized by an employer, intended to assist employees in identifying and resolving personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, gambling, legal, emotional, stress or other personal issues that may affect job performance;
(3) “Employee assistance professional” means any person who is required by job description or employment contract to provide services pursuant to an employee assistance program;
(4) “Employer” means an individual, corporation, partnership or unincorporated association;
(5) “Personnel file” means papers, documents and reports, including electronic mail and facsimiles, pertaining to a particular employee that are used or have been used by an employer to determine such employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action including employee evaluations or reports relating to such employee's character, credit and work habits. “Personnel file” does not mean stock option or management bonus plan records, medical records, letters of reference or recommendations from third parties including former employers, materials that are used by the employer to plan for future operations, information contained in separately maintained security files, test information, the disclosure of which would invalidate the test, or documents which are being developed or prepared for use in civil, criminal or grievance procedures;
(6) “Medical records” means all papers, documents and reports prepared by a physician, psychiatrist or psychologist that are in the possession of an employer and are work-related or upon which such employer relies to make any employment-related decision;
(7) “Security files” means memoranda, documents or collections of information relating to investigations of losses, misconduct or suspected crimes, and investigative information maintained pursuant to government requirements, provided such memoranda, documents, or information are maintained separately and not used to determine an employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action.
(P.A. 79-264, S. 1, 9; P.A. 80-158, S. 1, 6, 7; P.A. 03-5, S. 1; 03-187, S. 1.)
History: P.A. 80-158 redefined “employee” to specify current employment, redefined “personnel file” to delete words “formal or informal” describing employee evaluations, to delete provision excluding records which relate to “an investigation, arrest or conviction of conduct which constitutes a violation of state or federal criminal laws” and to specify exclusion of stock option or management bonus plan records, materials used in planning future operations, information contained in separate security files and test information and added Subdiv. (5) defining “security files” and changed effective date of P.A. 79-264, S. 1 from January 1, 1981, to July 1, 1980; P.A. 03-5 amended Subdiv. (3) by extending the definition of “personnel file” to electronic mail and facsimiles and making technical changes; P.A. 03-187 added new Subdivs. (2) and (3) defining “employee assistance program” and “employee assistance professional” and redesignated existing Subdivs. (2) to (5) as new Subdivs. (4) to (7).
Cited. 201 C. 421.