Section 280.140  Records Retention and Release

a)         Employers must maintain records that contain the following:

1)         Name, address, and occupation of each employee; rate or basis of pay, terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid each pay period.

2)         All dates leave under the Act is used by each employee shall be designated in the records as such leave. If leave is taken in increments of less than one full day and the number of hours taken must be recorded.

3)         Copies of "employee requests", if in writing, for leave under the Act, with any attachments, furnished to the employer.

4)         Copies of any written notices regarding the Act given to employees.

5)         Any documents describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves.

6)         Any employer that provides any paid time off, including, without limitation, vacation, sick or personal leave, to its employees must maintain true and accurate records of the paid time off earned for each year and the dates on which paid time off was taken or paid.

7)         Records of any dispute between the employer and an employee regarding designation of leave under the Act, including any written documents from the employer or employee stating the reasons for the designation and for the disagreement.

b)         In addition, the employer shall preserve any records made in the regular course of the business operation that relate to personnel records, employee qualifications for promotion, transfer, discharge or other disciplinary action, wage rates, skills testing certifications, job evaluations, job descriptions, merit systems, seniority systems, individual employment contracts, collective bargaining agreements, description of practices or other matters that describe or explain the basis for any use of any type of paid and unpaid time off.

c)         Records and documents relating to certifications, medical histories of employees or employees' family and household members, created for purposes of the Act, shall be maintained in conformance with all State and federal laws, including, without limitation, all confidentiality requirements.

d)         All records under this Section shall be maintained by an employer for at least three years.  Failure by a respondent to maintain all records for the stated period or in the stated manner may result in a finding of failure to cooperate.