CHAPTER 563a

PERSONNEL FILES

Table of Contents

Sec. 31-128b. Employee access to personnel file, documentation of disciplinary action and notice of termination.

Sec. 31-128e. Removal or correction of information. Employee’s explanatory statement.


Sec. 31-128b. Employee access to personnel file, documentation of disciplinary action and notice of termination. (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 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 more 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 mutually agreed upon by the employer and former employee. If the employer and former employee cannot agree upon a location to conduct such inspection, the employer may satisfy the requirements of this subsection by mailing a copy of the former employee’s personnel file to the former employee not more than ten business days after receipt of the written request from the former employee.

(c) Each employer shall provide an employee with a copy of any documentation of any disciplinary action imposed on that employee not more than one business day after the date of imposing such action. Each employer shall immediately provide an employee with a copy of any documented notice of that employee’s termination of employment.

(P.A. 79-264, S. 2, 9; P.A. 80-158, S. 2, 6, 7; P.A. 13-176, S. 1.)

History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 required that inspection take place at or near the employee’s place of employment rather than “at the place where such file is kept”; P.A. 13-176 designated existing provisions as Subsec. (a) and amended same to replace “within a reasonable time” with “not more than seven business days” and add provision requiring employer to allow employee to copy his or her personnel file, added Subsec. (b) requiring employer to allow former employee to inspect and copy his or her personnel file within 1 year after termination of employment, and added Subsec. (c) requiring employer to provide employee with a copy of any documentation of disciplinary action or termination of employment.

Sec. 31-128e. Removal or correction of information. Employee’s explanatory statement. (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 in any documented disciplinary action, notice of termination of such employee’s employment or performance evaluation that the employee may, should the employee disagree with any of the information contained in such documented disciplinary action, notice of termination or performance evaluation, 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.

(P.A. 79-264, S. 5, 9; P.A. 80-158, S. 6, 7; P.A. 13-176, S. 2.)

History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 changed effective date to July 1, 1980; P.A. 13-176 designated existing provisions as Subsec. (a) and made technical changes therein, and added Subsec. (b) requiring employer to include a statement in any disciplinary action, notice of termination or performance evaluation informing employee of his or her ability to submit a written statement explaining employee’s position.