AN ACT CONCERNING AN EMPLOYEE'S RIGHT TO INSPECT, COPY OR DISPUTE THE CONTENTS OF HIS OR HER PERSONNEL FILE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 31-128b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Each employer shall, [within a reasonable time] not less than three 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 exists. Such inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment. Each employer who has personnel files shall be required to keep any personnel file pertaining to a particular employee for at least one year after the termination of such employee's employment.

(b) Each employer shall, not less than ten business days after receipt of a written request from a former employee, permit such former employee to inspect, and if requested, copy his or her personnel file if such a file exists, provided the employer receives such written request not later than one year after the termination of such former employee's employment with the employer. Such inspection shall take place during regular business hours at a location at or reasonably near the former employee's former place of employment with the employer.

(c) Each employer shall provide an employee with a written copy of any documentation of any disciplinary action imposed on that employee not less than twenty-four hours after the date of imposing such action. Each employer shall immediately notify an employee in writing of such employer's intent to terminate such employee's employment.

Sec. 2. Section 31-128e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) If upon inspection of his or her personnel file or medical records an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by such employee and his or her employer. If such employee and employer cannot agree upon such removal or correction then such employee may submit a written statement explaining his or her position. Such statement shall be maintained as part of such employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party.

(b) Each employer shall include a statement in clear and conspicuous language of any documented disciplinary action, intent to terminate such employee's employment or performance evaluation that the employee may, should the employee disagree with any of the information contained in such statement, submit a written statement explaining his or her position. Such employee statement shall be maintained as part of such employee's personnel file and shall accompany any transmittal or disclosure from such file or records made to a third party.

Statement of Purpose:

To provide an employee or former employee the right to copy their personnel files and require employers to provide copies of any documented discipline notices and copies of statements notifying an employee of their right to dispute certain documents in their personnel file.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]