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Do employers have to allow their employees
to inspect and copy personnel files?
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Private employers in California are required by law to allow employees to inspect their own personnel files (with
the exception of certain documents) but must only give employees copies of document that they have signed and certain payroll
documents.
INSPECTION RIGHTS: Employees have the right to inspect the contents of their personnel records under
California Labor Code section 1198.5. Although employers may require up to two days’ notice of the request, the personnel
files must be made available at reasonable intervals and at reasonable times. Employers may require employees to inspect their
files outside their regular work time, but employees may not lose compensation as a result of the inspection. The files must
be available where the employees report to work. Employers may withhold only certain records, principally records relating
to the investigation of a possible criminal offense, letters of reference, pre-employment reports, and ratings or reports
relating to a promotional examination.
Those inspection rights are different for public employees, including law
enforcement and teachers. Private sector employees covered by union collective bargaining agreements may have different requirements.
As a matter of sound human resources practice, employers should have a management or HR representative present to
observe throughout the time an employee inspects his or her personnel records. That rep should prevent the employee from marking
in, adding to, or removing from the file.
COPYING RIGHTS: Employees are entitled to copies of all agreements and
other documents they signed. In addition, nonexempt and hourly employees have the right to inspect and copy their payroll
and time records that employers are required to keep under Labor Code section 226.
Those rights to inspect and
copy apply only to the employees’ own personnel files. Employees do not have the right to inspect or copy the personnel
files or payroll records of others, and employers should take active steps to protect the privacy of other employees.
What are the requirements of California’s new “Paid Family Leave”?
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The new Paid Family Leave benefit
program in California allows employees to take up to six (6) weeks of leave to care for a seriously ill child, spouse, parent,
or domestic partner, or to bond with a new child. To qualify for Paid Family Leave, the employee must have a doctor’s
written confirmation of an illness requiring hospitalization, hospice care, or continuing supervision and treatment of a doctor,
and certify that other family members are not available to assist.
Who pays for the leave? It is funded by employee
contributions that range from $11.23 to $70.00 per year based on income. The payment system is like the State Disability Insurance
system and administered by the Employee Development Department. Although employees began contributing on January 1, 2004,
they may not draw benefits until July 1, 2004.
How much is paid? When Paid Family Leave benefits are available,
the fund will pay 55 percent of an employee’s wages, up to $728 per week, for up to six weeks of leave.
Can
employer require employees to use sick leave or vacation during Paid Family Leave? Employer may require employees to use up
to two weeks of vacation time BEFORE taking Paid Family Leave but may not deduct time from sick leave or vacation balances
during the leave.
Is reinstatement guaranteed? Only employers with 50 or more employees must guarantee reinstatement
following the leave.
© 2004-08 Roberta J. Burnette, all rights reserved
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