Employment Law Update by Christopher P. Gerber, Esquire and D. Addison Murray, Law Clerk
Management of Personnel Files
Every Pennsylvania employer should be aware that the management of employee personnel files is governed by the Personnel Files Act. Relevant portions of the statute are set forth below:
Who is an “Employee?”
The following definitions are taken from Pennsylvania’s Personnel File Act:
An “Employee” is any person:
- currently employed;
- laid off with re-employment rights; or
- on a leave of absence.
An “Employee” is not:
- applicants for employment;
- any other person;
- a terminated worker; or
- a former employee, regardless of how quickly following the termination they request their personnel file.
What Constitutes a “Personnel File?”
The following definitions are taken from Pennsylvania’s Personnel File Act:
A “Personnel file” contains the following information:
- 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; - and employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records and performance evaluations.
The Personnel File shall not include the following:
- 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; and - materials which are used by the employer to plan for future operations or information available to the employee under the Fair Credit Reporting Act
The Right to Inspect 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. If the employee desires that his agent reviews the file, he must provide 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.
Nothing in the 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.
The attorneys at Siana Law would look forward to answering any questions you may have regarding this issue.
Christopher P. Gerber, Esquire | D. Addison Murray, Esquire | Areas of Practice | Contact Us
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