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Illinois Personnel Records Review Act Effective in 2024

06 Mar


We wanted to remind employers that HB 3733, which amends the Personal Record Review Act, took  effect on January 1, 2024.

Employers must, upon request (verbal or written) by the employee or their representative:

  • Permit, in total or in part, the inspection of any personnel records (except as provided in Section 10).
  • Grant at least 2 inspection requests by an employee in a calendar year.
  • Provide the employee with the inspection opportunity within 7 working days after the employee makes the request or if the employer can reasonably show that such deadline cannot be met, the employer shall have an additional 7 days to comply.
  • Email or mail a copy of the requested record to the employee by the email address or mailing address identified by the employee for the purpose of receiving the copy of requested record.

Regarding the records:

  • Employers retain the right to protect his records from loss, damage, or alteration to insure the integrity of the records.
  • Employers may charge a fee for providing a copy of the requested record

It is recommended to update your handbook or policies and procedures regarding this type of request, and make it a requirement for the employee to provide the request in writing.

Additional considerations

  • The inspection shall take place at a location reasonably near the employee’s place of employment and during normal working hours, or outside working hours if it is more convenient for the employee.
  • The employee is not allowed to remove any part of such personnel records.
  • If the employee disagrees with any information contained in the personnel record, a removal or correction of that information may be mutually agreed upon, and if an agreement cannot be reached, the employee may submit a written statement explaining the employee’s position, which the employer shall attach to the disputed portion of the personnel record.

    • The statement attached without further comment or action by the employer, shall not imply or create any presumption of employer agreement with its contents.

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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