Personnel File Inspection Required

In case you didn’t hear or need a reminder, since 1/1/17, employers must allow, at least annually, upon request, employees to inspect and obtain a copy of their own personnel file. It must occur at the employer's office at a time convenient to both parties. A former employee may make one such inspection after termination, which may be supervised, and the former employee may be charged for copies. “Personnel file” excludes documents required by law to be kept separately (i.e., medical records, I-9 forms, workers’ comp records, etc.); confidential reports from a prior employer; active criminal, regulatory and disciplinary investigations; and documents identifying anyone who made a confidential accusation about the employee. The law does not apply to government employees subject to the CO Open Records Act and state and federally chartered financial institutions. Employers should:

-Create a procedure for personnel file inspection and copying.

-Advise supervisors and managers of the law and how to direct requests.

-Update Handbooks to advise employees of the right to access their personnel file and the process to be followed.

-Consider implementing document retention/destruction protocol if not already in place, so documents are purged periodically as permitted by law.

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