Access to Employee Records
By Sally Weldin, Senior Human Resource Specialist
Published July 30, 2024
Proposed amendments to the Illinois Wage Payment and Collection Act and the Illinois Personnel Record Review Act are awaiting the Governor’s review and signature this summer.
Illinois SB3208 amends the Illinois Wage Payment and Collection Act with a requirement that employers maintain employee pay stubs for at least three years after the date of payment regardless of whether the payment was transmitted electronically or with a paper check.
Under the amendment, employers would be required to:
- Produce detailed pay stub copies within 21 days of an employee request.
- Provide the paystub pursuant to the employee or former employee in the employee’s preferred method (physical or electronic copy, computer access or mail).
The amendment imposes civil penalties of up to $500 per violation for failure to provide pay stubs. The bill defines "pay stub" as an itemized statement reflecting the employee's hours worked, rate of pay, overtime pay and hours, gross wages, deductions, and year-to-date totals.
Additionally, Illinois HB3763 amends the Illinois Personnel Record Review Act by expanding the documents that may be obtained by employees (including former employees) for inspection. These include:
- Employment-related contracts or agreements legally binding the employee.
- Employee handbooks made available to the employee or that the employee acknowledged receiving.
- Written policies and procedures which the employee is/has been subject to that affect employment, promotion, transfer, compensation, benefits, discharge, and other disciplinary action.
The above documents are considered personnel records that an employee has rights to review regardless of whether they are contained in the employee’s personnel file. Employers may require employees make a written request and must grant inspection rights to records (copying upon request) at least twice in a calendar year. Records may be provided in hard copy or a commercially available electronic format. Employers have seven working days to comply with the request, although additional time may be taken if the deadline cannot be met. Former employees may request records up to a year after separation.
Additional training for staff members who receive employee requests for personnel records is recommended. The employer may assist with compliance by furnishing a detailed checklist of records sought upon request. The amendment also contains a provision for dropping charges associated with copying records.
The above bills have passed both houses and have been sent to Governor Pritzker for signature. The Governor may direct further amendment, veto, or withdraw either bill. HR Source will track progress of both amendments and update members on their progress. HR Source members with questions can contact us through the HR Hotline Online or at 800-448-4584.
How many requests a year do you get from employees to see their personnel files? Share your experience with your peers in the All Members Community on HR Exchange.