The new year brought new requirements under the Illinois Personnel Record Review Act (“IPRRA”), 820 ILCS 40/1 et seq., that expand the types of personnel documents that employees can inspect and require employers to obtain a signed waiver before releasing medical information to an employee’s designated representative.
IPRRA allows employees to inspect personnel documents that are, have been, or are intended to be used in determining the employee’s qualifications for employment, promotion, transfer, compensation, discharge, or other disciplinary action. Under the newly amended law, employees may also inspect documents related to their qualifications for benefits; their binding employment-related agreements; employee handbooks that they had access to or for which they acknowledged receipt; and any written policies that apply to them and concern qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action. Certain documents are expressly excluded from inspection, including, for example, the employer’s trade secrets, client lists, sales projections, and financial data.
Importantly, if the records being requested include medical information, the employer must obtain a signed waiver from the employee before releasing this information to the employee’s designated representative. While employees continue to be able to inspect their personnel records twice per year, the amended IPRRA also expressly allows them to request and receive copies of their personnel records, for which the employer may only charge the actual cost of duplicating.
Additionally, under the amended IPRRA, all employee requests to inspect, copy, or receive copies of personnel records must be in writing (which includes text and email) and must include specific information, such as the records being requested and the format in which they are desired. Employers are required to comply with an employee’s request within seven (7) working days of receipt, although more time may be allowed upon a reasonable showing that this deadline cannot be met.
Finally, the amended law allows employees to file a civil action if the Illinois Department of Labor fails to resolve the employee’s administrative complaint within one hundred eighty (180) calendar days of filing.
Illinois employers are encouraged to review their personnel record request and response policies and procedures to ensure compliance with these new requirements. Human Resources professionals should also be trained and processes put in place for obtaining signed waivers when releasing personnel records that include medical information to an employee’s designated representative.
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