Personnel Records Review Act FAQ
The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.
The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
- 1. How do I obtain my personnel records from my employer?
- 2. My employer will not let me review my personnel records, what can I do?
- 3. My employer has allowed me to review my personnel file, but will not let me have a copy, what can I do?
1. How do I obtain my personnel records from my employer?
An employee may seek review of his/her personnel records up to one year after leaving employment. Although certain documentation is exempt, an employee must be provided an opportunity to inspect his/her personnel records. For further information,click here. 820 ILCS 40/2.
2. My employer will not let me review my personnel records, what can I do?
An employee may request his/her personnel records from their employer two times per year. A former employee may request this information for a period of up to one year after separation. If the employer refuses, the employee may file a complaint with IDOL. For further information,click here. 820 ILCS 40/12.
3. My employer has allowed me to review my personnel file, but will not let me have a copy, what can I do?
The Act allows an employee to obtain a copy of the information or part of the information contained in your record, however, the employer is allowed to charge a fee for providing a copy. The fee is limited to the actual cost of duplicating the information. For more information,click here. 820 ILCS 40/3.