Pennsylvania Act 1978-286 — INSPECTION OF EMPLOYMENT RECORDS LAW

Act text

INSPECTION OF EMPLOYMENT RECORDS LAW
                 Act of Nov. 26, 1978, P.L. 1212, No. 286             Cl. 43
                                  AN ACT

     Authorizing an employee to inspect certain personnel files of
        his employer.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Employee."  Any person currently employed, laid off with
     reemployment rights or on leave of absence. The term "employee"
     shall not include applicants for employment or any other person.
     (Def. amended Nov. 29, 1990, P.L.596, No.149)
        "Employer."  Any individual, person, partnership,
     association, corporation, the Commonwealth, any of its political
     subdivisions or any agency, authority, board or commission
     created by them.
        "Personnel file."  If maintained by the employer, any
     application for employment, wage or salary information, notices
     of commendations, warning or discipline, authorization for a
     deduction or withholding of pay, fringe benefit information,
     leave records, employment history with the employer, including
     salary information, job title, dates of changes, retirement
     record, attendance records and performance evaluations. The term
     "personnel file" shall not include records of an employee
     relating to the investigation of a possible criminal offense,
     letters of reference, documents which are being developed or
     prepared for use in civil, criminal or grievance procedures,
     medical records or materials which are used by the employer to
     plan for future operations or information available to the
     employee under the Fair Credit Reporting Act (84 Stat. 1127-
     1136, 15 U.S.C. § 1681 et. seq.).
     Section 2.  Inspection of personnel files.
        An employer shall, at reasonable times, upon request of an
     employee, permit that employee or an agent designated by the
     employee to inspect his or her own personnel files used to
     determine his or her own qualifications for employment,
     promotion, additional compensation, termination or disciplinary
     action. The employer shall make these records available during
     the regular business hours of the office where these records are
     usually and ordinarily maintained, when sufficient time is
     available during the course of a regular business day, to
     inspect the personnel files in question. The employer may
     require the requesting employee or the agent designated by the
     employee to inspect such records on the free time of the
     employee or agent. At the employer's discretion, the employee
     may be required to file a written form to request access to the
     personnel file or files or to indicate a designation of agency
     for the purpose of file access and inspection. This form is
     solely for the purpose of identifying the requesting individual
     or the designated agent of the requesting individual to avoid
     disclosure to ineligible individuals. To assist the employer in
     providing the correct records to meet the employee's need, the
     employee shall indicate in his written request, either the
     purpose for which the inspection is requested, or the particular
     parts of his personnel record which he wishes to inspect or have
     inspected by the employee's agent.
        (2 amended Nov. 29, 1990, P.L.596, No.149)
     Section 2.1.  Designated agent.
        An employee shall provide to the employer a signed
     authorization designating a specific individual or individuals
     who shall be authorized to inspect the employee's personnel
     file. The signed authorization shall be for a specific date or
     dates and shall indicate either the purpose for which the
     inspection is authorized or the particular parts of the
     employee's personnel file which the designated agent is
     authorized to inspect. The provisions of section 2 shall apply
     to the designated agent.
        (2.1 added Nov. 29, 1990, P.L.596, No.149)
     Section 3.  Applicability.
        Nothing in this act shall be construed as a requirement that
     an employee or the designated agent of the employee be permitted
     to remove his personnel file, any part thereof, or copy of the
     contents of such file from the place of the employer's premises
     where it is made available for inspection. The taking of notes
     by an employee or the designated agent of the employee is
     permitted. The employer shall retain the right to protect his
     files from loss, damage or alteration to insure the integrity of
     the files. The employer may require inspection of the personnel
     file in the presence of an official designated by the employer.
     The employer must allow sufficient inspection time, commensurate
     with the volume content of the file. Except for reasonable cause
     the employer may limit inspection to once every calendar year by
     an employee and once every calendar year by the employee's
     designated agent, if any.
        (3 amended Nov. 29, 1990, P.L.596, No.149)
     Section 4.  Administration of act.
        The Bureau of Labor Standards of the Department of Labor and
     Industry is hereby authorized and directed to enforce the
     provisions of this act, and upon a petition and hearing by
     either an employer or employee, to make and enforce such orders
     as the bureau shall deem appropriate to which order will provide
     access to said records and the opportunity for an employee to
     place a counter statement in his or her file in the event an
     alleged error is determined by an employee in the personnel
     file. The bureau, however, shall have no authority to inspect
     personnel files, to investigate alleged errors detected by an
     employee in his personnel file, or to attempt remedial action
     unless the records indicate violations of other sections of the
     Pennsylvania Statutes. The employee must avail himself of
     appropriate civil remedies such as grievance procedure under a
     union contract. Nothing in this act shall diminish any rights to
     discovery granted under the rules of the court of Pennsylvania.
     Section 5.  Effective date.
        This act shall take effect in 60 days.