Pennsylvania Act 1990-149 — INSPECTION OF EMPLOYMENT RECORDS LAW - AMEND

Act text

INSPECTION OF EMPLOYMENT RECORDS LAW - AMEND
                 Act of Nov. 29, 1990, P.L. 596, No. 149              Cl. 43
                             Session of 1990
                               No. 1990-149

                                  AN ACT

     SB 1313

     Amending the act of November 26, 1978 (P.L.1212, No.286),
        entitled "An act authorizing an employee to inspect certain
        personnel files of his employer," further defining
        "employee"; further providing for inspection of personnel
        files and for the number of inspections allowed annually; and
        making an editorial change.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "employee" in section 1 of the
     act of November 26, 1978 (P.L.1212, No.286), referred to as the
     Inspection of Employment Records Law, is amended to read:
      Section 1.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Employee."  Any person currently employed, laid off with
     reemployment rights or on leave of absence. The term "employee"
     shall not include applicants for employment[, designated
     agents,] or any other person.
        * * *
        Section 2.  Section 2 of the act is amended to read:
      Section 2.  Inspection of personnel files.
        An employer shall, at reasonable times, upon request of an
     employee, permit that employee or an agent designated by the
     employee to inspect his or her own personnel files used to
     determine his or her own qualifications for employment,
     promotion, additional compensation, termination or disciplinary
     action. The employer shall make these records available during
     the regular business hours of the office where these records are
     usually and ordinarily maintained, when sufficient time is
     available during the course of a regular business day, to
     inspect the personnel files in question. The employer may
     require the requesting employee or the agent designated by the
     employee to inspect such records on the free time of the
     employee or agent. At the employer's discretion, the employee
     may be required to file a written form to request access to the
     personnel file or files or to indicate a designation of agency
     for the purpose of file access and inspection. This form is
     solely for the purpose of identifying the requesting individual
     or the designated agent of the requesting individual to avoid
     disclosure to ineligible individuals. To assist the employer in
     providing the correct records to meet the [employees] employee's
     need, the employee shall indicate in his written request, either
     the purpose for which the inspection is requested, or the
     particular parts of his personnel record which he wishes to
     inspect or have inspected by the employee's agent.
        Section 3.  The act is amended by adding a section to read:
      Section 2.1.  Designated agent.
        An employee shall provide to the employer a signed
     authorization designating a specific individual or individuals
     who shall be authorized to inspect the employee's personnel
     file. The signed authorization shall be for a specific date or
     dates and shall indicate either the purpose for which the
     inspection is authorized or the particular parts of the
     employee's personnel file which the designated agent is
     authorized to inspect. The provisions of section 2 shall apply
     to the designated agent.
        Section 4.  Section 3 of the act is amended to read:
      Section 3.  Applicability.
        Nothing in this act shall be construed as a requirement that
     an employee or the designated agent of the employee be permitted
     to remove his personnel file, any part thereof, or copy of the
     contents of such file from the place of the employer's premises
     where it is made available for inspection. The taking of notes
     by [employees] an employee or the designated agent of the
     employee is permitted. The employer shall retain the right to
     protect his files from loss, damage or alteration to insure the
     integrity of the files. The employer may require inspection of
     the personnel file in the presence of [a designated official] an
     official designated by the employer. The employer must allow
     sufficient inspection time, commensurate with the volume content
     of the file. Except for reasonable cause the employer may limit
     inspection to once every calendar year by an employee and once
     every calendar year by the employee's designated agent, if any.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 29th day of November, A. D. 1990.

     ROBERT P. CASEY