§ 111.235 Final separation from employment records.

(a) Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD the following records for each individual whom the reporting entity has employed as a pilot: (1) Records concerning separation from employment kept pursuant to § 91.1027(a)(3), § 121.683, § 125.401 or § 135.63(a)(4) of this chapter; and (2) Records pertaining to pilot performance kept concerning separation from employment for each pilot that it employs. (b) No person may report to the PRD any record regarding separation from employment that was subsequently overturned because the event prompting the action did not occur or the pilot was not at fault as determined by— (1) A documented agreement between the employer and the pilot; or (2) The official and final decision or order of any panel or individual given authority to review employment disputes, or by any court of law. (c) If a reporting entity receives notice that any separation from employment record reported to the PRD under paragraph (a) of this section was overturned in accordance with paragraph (b) of this section, that entity must correct the pilot's PRD record in accordance with § 111.250 within 10 days. (d) Each separation from employment action record that must be reported to the PRD in accordance with paragraph (a) of this section must include a statement of the purpose for the separation from employment action, including: (1) Whether the separation resulted from a termination as a result of pilot performance, including professional disqualification; (2) Whether the separation is based on another reason, including but not limited to physical (medical) disqualification, employer-initiated separation not related to pilot performance, or any resignation, including retirement; (3) The date of separation from employment; and (4) Whether there are additional documents available that are relevant to the record. (e) An operator, entity, or trustee complying with § 111.215(b) must report the records described in paragraphs (a) through (d) of this section upon request, unless the separation from employment action resulted from a termination. If the separation from employment record resulted from a termination, the operator, entity, or trustee must report the record in accordance with § 111.215(a). (f)(1) A reporting entity must provide any records of separation from employment actions no later than 30 days after the date of separation from employment is final, unless the reporting entity is an operator, entity, or trustee complying with § 111.215(b). (2) An operator, entity, or trustee complying with § 111.215(b) must report records described in this section or state that it does not have any applicable records within 14 days of receiving a request from a reviewing entity. (g) Each reporting entity must: (1) Retain documents relevant to the record reported under paragraph (a) of this section for five years, if available; and (2) Provide such documents upon request within 14 days to: (i) A reviewing entity; or (ii) The pilot that is the subject of the record.