The Illinois Personnel Record Review Act of 1974 (“the Act” or the “PRRA”) governs employee personnel files in both the public and private sectors. Previously, the PRRA permitted employees to request personnel records related to their “qualifications for employment, promotion, transfer, compensation, discharge, or other disciplinary action.” Thanks to new amendments to the PRRA beginning January 1, 2025, employees can now see more of their personal file than ever before.
Under these new amendments, individuals will have access to additional documentation related to employee benefits, such as retirement benefits, paid time off and vacation records, medical leave paperwork, health insurance, and life and disability insurance. Upon receiving a request, employers must produce these documents within 7 days.
Employees can also access any employment-related contracts or agreements that the employer maintains are legally binding on the employee. This could include employment contracts, non-compete agreements, commission structures, employment handbooks, bonus agreements, and intellectual property agreements. This new requirement can help employees remind themselves of their rights and obligations vis-à-vis their employers, as many employees receive agreements from their employers at the beginning of employment and misplace them or simply forget they exist.
The Act will also allow individuals to see their pay stubs. Employers now must keep paystub records for all employees, including former employees, for at least three years. An employer will have up to 21 calendar days to comply with this specific portion of a request.
Requests Must Be Made in Writing
The PRRA now requires employees to make “written requests” in order to access their personnel files. This includes “any electronic communications, such as email or text messages.” Previously, the Act gave employers discretion to require that employees submit requests in writing.
The benefits of written requests (as opposed to verbal requests) are two-fold: they create accountability for employers by generating a paper trail of requests received, and they create accountability for employees by forcing them to be specific about which records they are requesting. Both of these aspects can reduce potential disputes down the road.
Enforcement of the Act
Another change in the amended Act, and perhaps the most impactful, relates to enforcement. If an employee files a complaint with the Illinois Department of Labor (IDOL) that an employer has violated the PRRA, the IDOL has 180 days to resolve the complaint. If those 180 days pass without resolution, or if the IDOL states beforehand that it is unlikely to reach a resolution within this time frame, then the employee is permitted to file a lawsuit against their employer in a circuit court.
Illinois’ new law strengthens the accountability that employers owe their workers, while also placing the onus of making specific written requests upon employees. It is hoped that increased access to documentation can stave off employment disputes before they arise and help to clear them up when they do occur.
For additional coverage of employer requirements under the PRRA, see our past blog post here.