North Dakota: Public employers only. Michigan: Upon written request, employers must allow employees to view their personnel records. 2. The state public records law requires personnel records be made available to employees and their supervisors. • Generally, the University will respond to my request completed within 30 calendar days. If a discrimination complaint is filed, records related to the case must be kept until the final disposition of the complaint or lawsuit. If you disagree with statements contained in a document in your personnel file, such as an evaluation or disciplinary letter, you have the right to seek a correction. Public employees are entitled to examine their own personnel files, except reference letters and certain medical information. No federal law grants employees the right to inspect their personnel files. to view their personnel file within a minimum of five business days after they have made a written request to do so. Montana: State employees must have access to all their employee personnel records, and may file a written response to information contained in their employee personnel records. A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained. Where necessary, the agency must provide a translation into common terms of any machine readable code or any code or abbreviation employed for internal agency use. Alabama: Public employers only. The employee may review all information in the employee’s personnel files that is regularly maintained by the employer as a part of its business records or that may be given to persons outside the company for reference purposes. 1 year from the date the records were made (hires and non-hires). Employers that maintain records in a form other than paper must have available to employees, former employees, or duly authorized representatives of employees or former employees the equipment necessary to review and copy a personnel file. 1 year from the date the records were made, or from the date of the personnel action involved, whichever is later. Tennesse: State and local government employees are permitted access to their personnel files at any reasonable time. Employer Obligations. If you receive a request from a former employee for “payroll” records, you must provide the complete records no more than 21 calendar days from the date of the request. A: State rules vary, but they typically require employers to provide employees an opportunity to inspect their personnel file and/or obtain copies upon request. Employers are required to obtain and retain employment applications in a secure manner and take reasonable measures to destroy or make the applications unreadable upon disposal. Employee Exposure Records (toxic substances), ERISA & Benefits Records (including summary plan descriptions, annual reports, notices of reportable events, and plan termination documents), Family and Medical Leave Records (including dates of leave, medical certifications, employer-provided notices, and premium payments), Form I-9 (Employment Eligibility Verification Form), 3 years after employment begins or 1 year beyond termination, whichever is later, OSHA Logs (including incident reports and annual summaries: Forms 300, 300A, and 301), 5 years following the year to which they relate, Payroll & Tax Records (including employee name, occupation, address, social security number, wage rate, number of hours worked daily and weekly, gross wages, deductions, allowances claimed, net wages, overtime, date of each payment, federal income tax and FICA withheld, Form W-4, etc.). Documentation of employment history, records of contribution and achievement, disciplinary notices, … Florida is not known for having comprehensive and beneficial labor laws. When an employee of the state or of a county, municipality, or school district is terminated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee’s personnel records, including both the personnel file and any associated work-history records, must be clearly designated with a notation that such records have been purged as a condition of a settlement agreement. The employee should never be left alone with their personnel file. Virginia: Public employers only. A custodian of a personnel file has 10 days to respond to a request for a personnel record. Personnel records do not include: records relating to the conviction, arrest, or investigation of conduct constituting a violation of criminal laws; confidential reports from previous employers; or records maintained in compliance with the law dealing with access to personnel records from institutions of higher education. Employers must make the personnel file available to an employee within 5 business days after a written request by the employee. Title 26, §631 Employee right to review personnel file. Inspect my personnel file Obtain a copy of my personnel file . It is a good idea to keep apprised of your state’s access statutes, or a court or federal agency may do it for you. How to Request a Copy of Your Personnel File Am I entitled to review my personnel records? Indiana: Public employees have the right to access their personnel file information. If you receive a request from a former employee for “payroll” records, you must provide the complete records no more than 21 calendar days from the date of the request. It's a good idea for an employer to maintain a personnel file for each employee. As always, check state laws for complete regulation language, and to ensure you stay on top of any recently approved changes. At least three states—Maine, Minnesota, and Ohio (wage and hour records)—generally prohibit employers from charging employees for copies. A personnel record does not include: employee references; materials relating to the employer’s staff planning with respect to more than one employee; medical reports and records made or obtained by the employer; information of a personal nature about a person other than the employee; information that is kept separately from other records and that relates to a criminal investigation; records limited to grievance investigations that are kept separately; records maintained by an educational institution that are directly related to a student and are considered to be education records; and records kept by an executive, administrative, or professional employee that are not accessible or shared with other persons. chapter 149, § 52C, allows a current or former employee to get a copy of their personnel file. In compliance with Article 7, of G.S. The employer must make the personnel file/performance documents available to the worker or his representative within 30 days from the date it receives a written request. Federal law requires employers to keep employees’ personnel files for at least one year. However, many employment-related documents that employees are asked to sign are put in their personnel files and should be covered by a personnel file request. An employer is required to allow an employee to review his/her personnel record only two times each calendar year. Accommodation Requests (for pregnancy, disability, or religious practices). Colorado: Public employers only. IRS tax withholding forms like W-4s … Upon written request by an employee, the employer shall provide the employee with an opportunity to review the employee's personnel record. Check your state law to ensure compliance. A: State rules vary, but they typically require employers to provide employees an opportunity to inspect their personnel file and/or obtain copies upon request. New Hampshire: Employers must provide employees a reasonable opportunity to inspect personnel files. Title 26, §631 Employee right to review personnel file. Although some statutes allow for an oral request for records, ((See, e.g., Labor Code, § 226, subd.(c).)) Copyright © 2020 Business Management Daily, a division of Capitol Information Group, Inc. All rights reserved. Notwithstanding regulations to the contrary, when a disciplinary document is placed in an employee’s personnel file, his/her employer must supply a copy of the documentation to the employee no later than 10 days after its inclusion in the personnel file. Job application materials submitted by applicants, other than finalists, who have applied for employment by any public body, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records. The Belgian Data Protection Authority (DPA) recently treated a complaint submitted by a worker against her employer for failure to comply with her request to access her personnel file. If the employer fails to comply, the employee can recover a $750 penalty from the employer. Illinois: Employees may make written requests to view their personnel files, including records used to determine that employee’s qualifications for employment, promotion, transfer, additional compensation, discharge, or other disciplinary action. All other marks are the property of their respective owners. If an employee's performance goes from good to bad over the course of several evaluations, you can rest assured that the employee will try to use those historic, good evaluations to challenge the legality of your discipline or discharge decisions. Kansas: Public employers only. Illinois has a state law called the Personnel Records Review Act, 820 ILCS 40. The law doesn’t specify how quickly employers must comply with employee requests. Wyoming: Public employers only. A former employee may request this information for a period of up to one year after separation. The new law goes into effect on January 1, 2017. The names, positions, salaries, and lengths of service of employees, however, are subject to disclosure. I am writing to request a complete copy of my employment records maintained by (employer’s name), including my medical file, pursuant to the Personnel Records Review Act (820 ILCS … Employers are allowed to charge employees a reasonable copying fee. A public officer is entitled to access records pertaining to that officer, provided reasonable proof of identity is presented. California revised and expanded its definition of employment records to include records maintained by any labor organization representing an employee. If there's no prohibition, it's a best practice to have a witness present. Public employees may have access to their personnel files, including application information, performance ratings, and scholastic achievement. Employers must also permit an employee’s physician, or a physician selected by the employer and agreed upon by the employee, to inspect medical records relating to that employee. Oklahoma: Unless the records are made confidential by law, an employee of a public body has the right to access his/her own personnel files. Personnel records must be presented for inspection or provided to the employee (certified copy) within 45 days of request. If the employer does not comply within 10 days of receiving a written request, the employee may sue for damages and attorney fees. A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free … Upon termination, employers must notify former employees in writing that: 1) they have the right to review their personnel record upon written request once within the year after separation of employment, and 2) upon written request, the employer shall provide a copy, at no charge, of the personnel record to the employee. However, the practice must be applied consistently—that is, if you permit one employee to view their records, you must allow access under the same conditions for all employees who request review. Vermont: Public employees or designated representatives of employees are entitled to have access to all information that may be contained in their personnel files. Here are answers to some frequently asked questions about personnel files. This should only be d one in an office, in the presence of Human Resources or a Manager. The right to inspect personnel files does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: (1) the wages, hours of work, and working conditions of employees, (2) a procedure for the inspection and copying of personnel records, (3) premium wage rates for all overtime hours worked… How to request a copy of your Personnel File. Pennsylvania: An employer shall, upon request, permit an employee to review the employee’s personnel files. Personnel Files – Employees’ Right to Review. District Of Columbia: Official personnel records of a public employee must be disclosed to the employee, or his/her representative, in the presence of a representative of the employer or agency that has custody of the records. Kentucky: Public employers only. Employers may not disclose information in personnel files to the public if the disclosure would constitute a clearly unwarranted invasion of the employee’s personal privacy. Specifically, employers must advise job applicants and active employees that: 1) they have a right to review their personnel record upon written request once every six months; 2) the employer must make the record, or an accurate copy, available for review during normal hours at the employee’s place of employment or at another reasonably nearby location, but need not make the record available during the employee’s actual working hours; 3) the employer may require that the review be made in its presence or the presence of its designee; 4) after the review and upon the employee’s written request, the employer is required to provide a copy, at no charge, of the record to the employee; and 5) if the employee disputes specific information contained in the record, and agreement is not reached to remove or revise the disputed information, the employee may submit a written statement identifying the disputed information and explaining the employee’s position, which then must be included as part of the personnel record. On the other hand, some state laws codify requirements for releasing employees' personnel files. Written request required: Yes. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1. (a) Each employer shall, not more than seven business days after receipt of a written request from an employee, permit such employee to inspect, and if requested, copy his or her personnel file if such a file … However, a records review that results from the notification requirement relating to negative records does not count as one of the two permitted annual reviews. Personnel records of government employees are public records under statutory law. If your state does not have laws that specifically allow employees to view their own personnel files, you still may want to institute a company policy that allows employees to see certain portions of their files. Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy are exempt from public disclosure and copying. “Personnel record” means a record kept by the employer that identifies the employee, and that is used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. The right of an employee or the employee’s designated representative to inspect his/her personnel records does not apply to: records relating to the investigation of a possible criminal offense; letters of reference; any portion of a test document, except for a cumulative test score; materials used by the employer for staff management planning; information of a personal nature about a person other than the employee; an employer that does not maintain personnel records; and records relevant to any other impending claim between the employer and the employee that may be discovered in a judicial proceeding. Minnesota: Employers must provide employees, who make a good-faith request, with the opportunity to review their personnel records, including: an application for employment; wage or salary histories; notices of commendation, warning, discipline, or termination; authorization for a deduction or withholding from pay; fringe benefit information; leave records; and the employment history with the employer, including salary and compensation history, job titles, dates of promotions, transfers and other changes, attendance records, performance evaluations, and retirement records. Employers are allowed to charge employees a reasonable copying fee. Documents You Signed (Labor Code § 432) Employment examinations and performance appraisals are excluded from records that are otherwise subject to inspection by the public. Nebraska: Public school districts only. I understand the following: • If I am inspecting my personnel file, I may not add, remove or revise any documents. Records concerning workplace investigations (written statements from all relevant parties, interview notes, final investigation report, etc.) 126, this policy prescribes the basic provision for maintenance and use of state employee personnel records, with the Human Resources Commission establishing rules … Employers are allowed to charge employees a reasonable copying fee. First, the documents used to verify employment eligibility may reveal age and national origin information, and therefore, could be used by an employee to support a discrimination claim. Additional federal record retention requirements are outlined below, but state and/or local requirements may vary. California: Employees are allowed to inspect all documents related to their qualifications for employment, promotion, additional compensation, termination, or discipline. Similarly, an employer must comply with a request … A former employee may request this information for a period of up to one year after separation. Employers can now be required to provide accommodations to this class of workers. “[e]very employer shall, upon an employee’s request…permit the employee to inspect any personnel documents which are, have been or are intended to be used in determining the employee’s qualifications for employment, promotion, transfer, additional compensation, discharge of other disciplinary action except as exempted out pursuant to Section 10 of the Act.” 820 ILCS 40/2. Employee Rights Regarding Personnel Files. An employer is not required to provide an employee with an opportunity to review the employee's personnel record if the employee has reviewed the personnel record during the previous six months; except that, upon separation from employment, an employee may review the employee's personnel … • If I do not agree with documents in my personnel file, I may submit a statement in writing. Nothing in this subsection prevents the employer from … The following documents may be withheld: medical records, letters of reference, test documents, staff planning materials, information about a person other than the employee, records subject to a court proceeding, or any records alleging criminal activity. A: The following information should NOT be kept in personnel files: A: Several states have enacted laws requiring employers to grant employees access to their own personnel file upon request, including: 1 (Arizona) - Payroll records related to hours worked, wages earned, and paid sick leave2 (Ohio) - Medical records and certain wage and hour records3 (Vermont) - Records related to paid sick leave4 (Virginia) - Effective July 1, 2019. Hiring a lawyer to help you with your business' employee personnel files … 126, this policy prescribes the basic provision for maintenance and use of state employee personnel records, with the Human Resources Commission establishing rules and regulations for the safekeeping of such records. The records to which employees have access do not include confidential reports from previous employers or investigative agencies, or information concerning an investigation, arrest, or a conviction of that employee for a violation of the law. Employees may not have access to the following records: 1) confidential information from a person under an agreement that the identity of the source of the information will not be disclosed, unless all data identifying the source of the information is removed; 2) medical records that, if disclosed, in the opinion of the employee’s doctor, would be injurious to the health of the employee; 3) criminal investigation records; 4) suitability inquiries and confidential questionnaires undertaken in accordance with the District’s merit system; and 5) test and examination materials that may continue to be used for promotion and selection decisions (a description of the test and general results may be disclosed, however). (See Minnesota Statutes 181.961.) Employers are allowed to charge employees a reasonable copying fee. An employee may request his/her personnel records from their employer two times per year. … The employee may not have access to files relating to an investigation of a possible criminal offense, or records relating to an impending lawsuit. Records may be maintained in any form, including paper, microfiche, or electronic form. Most states that grant employees a copy of their personnel files … If the employer … … Some states expressly allow employers to have a witness present when employees inspect their personnel files. This right does not extend to documents classified as confidential under the Utah Information Practices Act. Massachusetts: Access to personnel records must be provided by both public and private employers upon written request. Employees must also be granted access to records that indicate the individual employee’s own exposure to toxic materials or harmful physical agents. If you're not subject to a specific requirement, you can decide whether or not you will grant employees access to their files. Oregon: At the request of an employee, an employer is required to provide a reasonable opportunity for the employee to inspect his/her personnel files, including records that are used to determine the employee’s qualifications for employment, promotion, additional compensation, or termination. Maryland: Public employees have the right to inspect their personnel records. An employer is required to grant an employee at least 2 personnel record requests per year. Employees have the right to inspect the personnel files their employers have used to determine their qualifications for employment, promotion, additional pay, discharge, or disciplinary action. Specifically, many employees in Florida do not even have the right to review their own personnel file. (c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. These records should be kept in a separate confidential file. An employee or his/her representative must be permitted to inspect the employee’s official personnel file during normal business hours. Employers must allow access to any or all of an employee’s records within 10 business days at the employee’s usual place of employment, or a mutually agreed upon location. As a side note, most personnel files do not (and should not) contain payroll records beyond forms noting increases or decreases in the employee’s rate of pay. However, if you allow your employees to view their personnel files before termination, you can potentially avoid this problem. Employees and former employees have a right to access their own personnel files at least once a year. How to Request Your Employee File. An employer is required to allow an employee to review his/her personnel record only two times each calendar year. Arizona: Employers must allow an employee or his/her designated representative to inspect and copy payroll records pertaining to that employee. Employees are allowed to inspect files containing information used by the employer to determine the employment qualifications of that employee, as well as any disciplinary action taken against the employee, including termination. Employers are allowed to charge employees a reasonable copying fee. Some employees also allow personnel to request a copy of employee handbook policies as they are updated. Employers are allowed to charge employees a reasonable copying fee. Nevada: Upon request of the employee, a private or public employer, including employee referral agencies, is required to give an employee a reasonable opportunity to inspect the employee’s personnel records. • If I am reviewing my personnel file, I may not add, remove or revise any documents. Here are some suggestions: 1. Teachers, administrators, or full-time employees of any public school may make a written request to inspect their own personnel files. Access to Employee Records Workers have the right to access their records. The state amended its Personnel Record Review Act to provide that an employer who receives a request for records of a disciplinary report, a letter of reprimand, or other disciplinary action in relation to an employee under the Freedom of Information Act may provide notification to the employee in written form or through electronic mail. If a discrimination complaint is filed, records related to the case must be kept until the final disposition. If your company needs to respond to an employee’s request for his or her employee file or if you have questions about best practices for maintaining employee personnel files and records, feel free to contact Jason Shinn. The official who supervises the employee’s work also has the right to inspect the employee’s personnel records. Supervisor’s files 5. Upon a current employee’s request, an employer must allow that employee to inspect and obtain a copy of any part of the employee’s personnel file … This may include burning or shredding the records; ensuring the destruction or removal of electronic media containing the employee information; or contracting with a reputable third party vendor to properly dispose of the records in compliance with all applicable regulations. Iowa: Both public and private employees are permitted access to evaluations, disciplinary records, and other information concerning employer/employee relations. Below is a list of state laws. Previously, only material maintained by the current or former employer of an employee was open for inspection. 820 ILCS 40/12. States that have laws about employee access to personnel files may require employees to submit a written request, and some laws allow employers to limit access to certain materials. New York: Public employers only. Louisiana: Employees have a right to access records relating to any confirmed positive drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation of certification proceedings. The Belgian Data Protection Authority has ruled that the presence of third parties' personal data is not a reason to refuse and employee access to his or her personnel file. PERSONNEL FILES POLICY (General information about personnel files: Federal law does not specifically require employers to maintain "personnel files", and it does not regulate the question of whether and to … I-9 forms and supporting identity and work authorization documents. Texas: Public employers only. Florida: Employees and former employees or their representatives have the right to access medical records concerning the employee’s exposure to toxic substances. Personnel records detail an employee’s performance, knowledge, skills, abilities, and behavior as it relates to their job. In addition, any current or former employee or the employee’s designated representative has the right to access employer records of employee exposure to potentially toxic materials or harmful physical agents, and to employee medical records and any analyses made using employee exposure or medical records. Access to personnel files does not apply to records relating to: the investigation of a possible criminal offense or records prepared for use in civil, criminal, or grievance proceedings; any letters of reference; recommendations; managerial records kept or used only by the employer; confidential reports from previous employers; and managerial planning records. Employers are allowed to charge employees a reasonable copying fee. Nothing in this subsection prevents the employer from removing information more frequently. (Labor Code § 1198.5(k).) A: A few states require an employer to notify an employee whenever negative information is placed in their personnel file. ©2020 ADP, Inc. All Rights Reserved. Georgia: Public employers only. Employers are allowed to charge employees a reasonable copying fee. Any information reflecting an employee's membership in a protected group, such as their voluntary self-identification of gender, ethnicity, or race, veteran's status or as an individual with a disability. Performance evaluations (including disciplinary actions, corrective a… You can inspect your personnel record up to two times per year. The new law goes into effect on January 1, 2017. If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Employees may obtain records from the employer, a physician, a health care provider, or a laboratory with a written request. A: Various laws establish minimum retention periods for employee records and personnel files, some of which extend well beyond termination. Employees request to do so spell out the terms under which employees are entitled to review their law... 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