act-1990-0-149•Pennsylvania Act 1990-149 — INSPECTION OF EMPLOYMENT RECORDS LAW - AMEND
Pennsylvania Act 1990-149 — INSPECTION OF EMPLOYMENT RECORDS LAW - AMEND
act-1990-0-1491990 Pa. Act 149Law
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
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