llinois Personnel Record Review Act Requirements
Understanding the New Requirements
Understanding employee rights and employer obligations under the Illinois Personnel Record Review Act (PRRA) is more important than ever. Recent amendments, set to take effect on January 1, 2025, expand the scope of records that employees can request and increase employer responsibilities regarding access and compliance.
These updates impact businesses with five or more employees, requiring them to provide additional transparency in personnel recordkeeping and response times for record requests. Employers must ensure they are prepared to meet the new requirements to avoid potential penalties and enforcement actions.
Amendments to the Personnel Record Review Act (PRRA) – Effective January 1, 2025
Below is a breakdown of the key changes, employer obligations, and recommended compliance steps to ensure your business is fully aligned with the updated PRRA regulations.
New Disclosure Requirements
The Personnel Record Review Act (“PRRA”) has been amended to expand the personnel records that employers with five or more employees must make available to employees upon receipt of a written request and expands the ability of employees to seek copies (hard copies or electronic) in addition to inspecting records.
An employee may seek to inspect, copy or receive copies of the following types of personnel records, subject to a few exclusions:
- Any personnel documents which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, compensation, benefits, discharge or other disciplinary action (subject to Section 10 of the PRRA)
- Employment-related contracts or agreements that the employer maintains are legally binding on the employee
- Any employee handbooks that the employer made available to the employee or that the employee acknowledged receiving (this may include several versions of the handbook if it is updated regularly)
- Any written employer policies or procedures that the employer contends the employee was subject to and that concern qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action
Requirements for Employees to Request Personnel Records
An employee’s request must be made in writing, which includes email or text message, and must be made to the person responsible for maintaining such records, such as human resources, a supervisor or another person specified in the employer’s policy. The employee’s written request should specify what records are sought or that they are seeking all records the employer is required to provide and should include what format the records should be provided.
Requirements for Employers to Respond to Written Requests
Employers must respond to written requests within 7 working days unless the employer explains why the initial deadline cannot be met. In that case, the employer will be provided an additional 7 calendar days to respond. If any of the requested records are not maintained by the employer, it must notify the employee and permit inspection, copying and receipt of remaining requested records.
Note that if the personnel records are already accessible to the employee, the employer is permitted to provide instructions on how to access the information rather than providing the records. An employer may only charge a fee for providing a copy to cover the actual cost of duplicating the records and may not include the time spent finding the documents or other expenses or costs.
IDOL Enforcement
An individual may file a complaint or commence an action within 3 years after the date of the disclosure of a disciplinary report, letter of other disciplinary action. For failure to provide personnel record or other alleged denial of rights under PRRA, an employee may file a complaint with the Illinois Department of Labor (“IDOL”). IDOL shall investigate and attempt to resolve the complaint by conference, conciliation or persuasion.
If there is no resolution and IDOL finds a violation, IDOL may commence action in circuit court to enforce the PRRA. In addition, the employee may file suit in circuit court in certain circumstances. If found liable, the employer must pay actual damages plus costs and, for a willful and knowing violation, $200 plus costs, reasonable attorney’s fees, and actual damages. In addition, an employer or agent who violates the PRRA is guilty of a petty offense.
Recommended Compliance Steps for Employers
Due to these amendments, employers should review and update their current employee handbook and any other policy regarding review, inspection or copying of personnel files. If an employer lacks a written policy or procedure, we recommend that the employer prepare one and train employees and managers regarding the policy.
Employers may also want to create a form for employees to use when requesting personnel records and make it available on the employer’s intranet. The form should include instructions on how and to whom it should be submitted, what records are being requested, if the employee is seeking to inspect, copy or obtain copies of the records, the format to receive copies (hard copy or electronic) and whether the records should be inspected or copied for the employee’s representative. If medical information is included in the requested records, the form should include a signed waiver to release the medical information to a specified representative.
Compliance with the PRRA
KTH Solutions can help update your policies, train your staff, and ensure compliance with the latest PRRA amendments.
Contact us today to make sure your business is prepared.
