act-1978-0-286•Pennsylvania Act 1978-286 — INSPECTION OF EMPLOYMENT RECORDS LAW
Pennsylvania Act 1978-286 — INSPECTION OF EMPLOYMENT RECORDS LAW
act-1978-0-2861978 Pa. Act 286Law
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.
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