Chapter 3 – Personnel, Training, and Employee Relations

31040.4.5.5 Documentation/Record Keeping/Records Retention

• All discussions regarding a potential accommodation must be documented in writing, provided to the RTWCReturn To Work Coordinator, and stored in the return-to-work file. Utilization of the CDCRCalifornia Department of Corrections and Rehabilitation Form 855 is recommended for this purpose, although not required.

• The ADAAmericans with Disabilities Act and FEHA limit the use of information obtained from medical records of employees for the purpose of providing RA. All medical information obtained shall be treated as a confidential medical record. In accordance with the ADAAmericans with Disabilities Act, FEHA, and the California Confidentiality of Medical Information Act (CCMIA), the CDCRCalifornia Department of Corrections and Rehabilitation is responsible for the confidentiality and security of these medically-related materials. Employees improperly disclosing confidential medical information will be held accountable in accordance with departmental policy.

• Information contained in the return-to-work file shall be kept separate from the employee’s Official Personnel File (OPFOfficial Personnel File) or Workers’ Compensation File, and shall be kept confidential, except that: (1) supervisors, managers, and HAs may be informed of restriction(s) on the work duties of employees with disabilities and necessary RAs; (2) first responders and safety personnel may be informed, when appropriate, that the condition may require emergency treatment; and (3) government officials investigating compliance with the ADAAmericans with Disabilities Act, FEHA, or USERRA shall be provided relevant information through the Office of Internal Affairs (OIAOffice of Internal Affairs) or the OLAOffice of Legal Affairs.

• Requests for RAs and supporting documentation shall be retained by the assigned RTWCReturn To Work Coordinator in confidential files and stored in a secure location to prevent unauthorized access, for a period of 30 years, or for the duration of any related pending litigation, whichever is longer.

• For RAs extending beyond one year, the RTWCReturn To Work Coordinator may ask for medical documentation substantiating the need for continued RA, on a yearly basis.