Bullard-Plawecki Employee Right to Know Act

URL: https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-397-of-1978.pdf
Regulation Reference Cite MCL 423.501
Level Requirement
Oversight Unit HUMAN RESOURCES
Person Responsible Rhea Dever
Secondary Person Responsible Renee Sheen
President / VP Level Finance
Description

Employees are provided the opportunity to periodically review his/her own personnel record if one exists.  After the review, an employee may obtain a copy of the information or part of the information contained in the employee’s personnel record.  If an employee demonstrates that he/she is unable to review on campus, then the personnel record may be mailed.

If there is a disagreement with information contained in a personnel record, removal or correction of that information may be mutually agreed upon by the employer and the employee.  If an agreement is not reached, the employee may submit a written statement explaining the his/her position.

Divulging of the personnel record:

  1. Disciplinary reports, letters of reprimand, or other disciplinary actions shall not be divulged to a third party, to a party who is not a part of the employer’s organization, or to a party who is not a part of a labor organization representing the employee, without written notice.
  2. The written notice to the employee shall be by first-class mail to the employee’s last known address, and shall be mailed on or before the day the information is divulged from the personnel record.
  3. Exceptions apply if any of the following occur:
    1. The employee has specifically waived written notice as part of a written, signed employment application with another employer.
    2. The disclosure is ordered in a legal action or arbitration to a party in that legal action or arbitration.
    3. Information is requested by a government agency as a result of a claim or complaint by an employee.

The personnel record will be reviewed before releasing information to a third party and delete disciplinary reports, letters of reprimand, or other records of disciplinary action which are more than 4 years old, except when the release is ordered in a legal action or arbitration to a party in that legal action or arbitration.


Contacts and Data Sources

Note that there are other areas that must follow these rules. For example, employment records for faculty are retained by the Provost's office as well as subcommittees of the Academic Senate (specifically the Faculty Review Committee). Note also that the union contracts sometimes specifically state the records retention requirements for union employees. Finally, the Records Management department must also follow the requirements, specifically for records that are to be retained for long terms or permanently.

Internal Notes

This compliance item has notes that are available internally to the oversight unit. Please contact the Risk Management Department for more information