Recent Amendments to the Illinois Personnel Records Review Act and the Obligations of Employees and Employers

What is the Personnel Records Review Act?

The Illinois Personnel Records Review Act (IPRRA) allows employees, as well as former employees for up to one year after termination, to review certain personnel records. Employers are required to allow employees to review the files within seven working days unless there is a reasonable cause for delay, then, the employer may be granted additional calendar days within reason.

Although the IPRRA does not define or explain what must be part of an employee’s “personnel” file, rather, it defines the proper treatment of such personnel records that must be kept and maintained by an employer. The scope of those records is defined by what information an employee must be permitted to access, if it exists. The IPRRA states “[e]very employer shall, upon an employee’s request ... permit the employee to inspect any personnel documents which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action (except for certain records exempted under the Act.)” An employer must grant at least two requests from an individual or their representative in a calendar year for the inspection, copy, or production records.

What are the recent changes to the IPRRA?

New Employee Obligations

The IPRRA has been amended to impose new obligations on employees navigating personnel record request. Effective January 1, 2025, employees requesting review of their personnel records must do so in writing, which includes electronic communication, such as email or text messages. Additionally, each request must:

1. Be made at reasonable intervals, unless otherwise provided in a collective bargaining agreement;
2. Be made to a person responsible for maintaining the employer’s personnel records, including the employer’s human resources department, payroll department, the employee’s supervisor or department manager, or to an individual as provided in the employer’s written policy;
3. Identify what personnel records the employee is requesting or if the employer is requesting all of the records allowed to be requested under the IPRRA;
4. Specify if the employee is requesting to inspect, copy, or receive copies of the records;
5. Specify whether records are to be provided in hardcopy or in a reasonable and commercially available electronic format;
6. Specify whether inspection, copying, or receipt of copies will be performed by that employee’s representative, including family members, lawyers, union stewards, other union officials, or translators; and
7. If the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee’s specific representative.

New Employer Obligations

Illinois state legislatures have also amended the IPRRA to provide additional protections and obligations of the employer. Effective January 1, 2025, if a request is submitted in line with the required requests from the employee (see New Employee Obligations), the employees are entitled to the following categories of documents:

1. Any personnel documents which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, benefits, discharge, or other disciplinary action, except as provided in Section 10 of the Act;
2. Any employment-related contracts or agreements that the employer maintains are legally binding on the employee;
3. Any employee handbooks that the employer made available to the employee or that the employee acknowledged receiving; and
4. 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.

The following documents are exceptions to the IPRRA and an employer is not required to produce such documents:

1. Trade secrets;
2. Client lists;
3. Sales projections; and
4. Financial data.

An employer may charge a reasonable fee for providing a copy of the requested record. However, the fee is limited to the actual cost of duplicating the requested record and may not include the imputed costs of time spent duplicating the information, the purchase or rental of copying machines, the purchase or rental of computer equipment, the use of software, or any other similar expenses.

Guidance

Illinois employers that have received a request for such documents from an employee are advised to reach out to an employment attorney for assistance regarding this guidance. At Reno & Zahm, we are proud to represent individuals and businesses in Northern Illinois for over 100 years. Our professionals regularly counsel clients on a large variety of employment matters, including discrimination matters. Contact us today at (815) 987-4050 to schedule a consultation.

This posting is for informational purposes only and is not intended to be legal advice. As the facts and circumstances of each employer are unique, the information provide herein should not be used or relied upon without first consulting a lawyer.