Prior to this law, Colorado had no law granting private-sector employees access to their personnel records. The employee should never be left alone with their personnel file. The new law goes into effect on January 1, 2017. These employee responses must become a part of the record. Also, employers must provide access to the personnel record no later than seven working days after receipt of the request if the personnel record is located in Minnesota, or no later than 14 working days after the receipt of the request if the personnel record is located outside of Minnesota. A public officer is entitled to access records pertaining to that officer, provided reasonable proof of identity is presented. Employers are allowed to charge employees a reasonable copying fee. “[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. 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. Employer Obligations. An employer must respond to a request for copies of a current or former employee’s personnel file within 30 calendar days of receiving the request. 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. The law requires an employer to give access to personnel records to employees and former employees upon written request. EEOC regulations require that employers keep all personnel or employment records for one year, and if an employee is involuntarily terminated, the employer must retain the personnel records for one year from the date of termination. Employees may not have access, however, to: 1) information related to criminal investigations; 2) information that would identify a source of information under confidentiality; 3) test scores and examination materials that would affect the test’s effectiveness or the examination process; 4) information related to investigations concerning current or pending actions against the employee; and 5) any other information required to be withheld by law. Arizona: Employers must allow an employee or his/her designated representative to inspect and copy payroll records pertaining to that employee. An amendment to the Massachusetts Personnel Records Statute requires employers to notify an employee within 10 days of placing in the employee’s personnel file any information that is used, has been used, or may be used to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action. Upon written request by an employee, the employer shall provide the employee with an opportunity to review the employee's personnel record. 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. 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. Georgia has amended its public disclosure law to provide that records that reveal the home address, home telephone number, or Social Security number of, or insurance or medical information about, public employees or teachers and employees of a public school are exempt from disclosure. Inspect my personnel file Obtain a copy of my personnel file . The state public records law requires personnel records be made available to employees and their supervisors. Some states expressly allow employers to have a witness present when employees inspect their personnel files. Employers are allowed to charge employees a reasonable copying fee. Employers should review their state law carefully and make sure they understand their rights and responsibilities. Below is a list of state laws. Employers are allowed to charge employees a reasonable copying fee. … Employers are allowed to charge employees a reasonable copying fee. North Dakota: Public employers only. • Names of non-supervisory employees … Nothing in this subsection prevents the employer from … 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. 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. Finalist means any applicant who: reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected; is an original applicant when the final pool of applicants numbers less than four; or is an original applicant and there are four or fewer original applicants. As always, check state laws for complete regulation language, and to ensure you stay on top of any recently approved changes. to view their personnel file within a minimum of five business days after they have made a written request to do so. Typically, the individual would be allowed to view the file on the company’s premises and to make copies of documents, which often can be at the individual’s expense. If there's no prohibition, it's a best practice to have a witness present. On the other hand, some state laws codify requirements for releasing employees' personnel files. 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. A request for employee records should be in writing. Employees and former employees have a right to access their own personnel files at least once a year. Documents You Signed (Labor Code § 432) North Carolina: Employees and former employees have a right to access personnel records indicating their exposure to toxic materials or harmful physical agents. 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. Personnel records do not include: written references supplied to the employer by another person; information relating to the investigation of a violation of a criminal or civil statute by an employee; education records maintained by an educational institution and directly related to a student; results of employer testing, except a cumulative test score; information relating to the employer’s salary system and staff planning; written comments or data of a personal nature about a person other than the employee; written comments or data kept by the employee’s supervisor or an executive, administrative, or professional employee, provided they are kept in the sole possession of the author of the record; privileged information or information that is not discoverable in a Workers’ Compensation, grievance, arbitration, administrative, or judicial proceeding; any portion of a written or transcribed statement by a co-worker of the employee that concerns the job performance or job-related misconduct of the employee; and medical reports and records. 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