Providing Personnel Files to Employees

Oct 22, 2026 | HR, Compliance

Employee records, commonly referred to as personnel files, must be maintained throughout an employee’s lifecycle with the organization. This includes even after they’ve left the company. As labor laws evolve, more jurisdictions are requiring employers to provide employees with personnel records upon request, with the New York Employee Personnel Records Access Law being the most recent.

Employers should be aware of any laws that apply to their business and have a complaint procedure in place when necessary.

This article serves as a guide for employers on how to approach a personnel file request, particularly for organizations that must comply with state laws regarding employee access to their files. Employers will understand how to handle written requests, track statutory deadlines where necessary, review file information before delivery, and get some tips on maintaining their files.

What Is A Personnel File?

A personnel file is an official collection of documents about an employee that details their work history with the organization from onboarding to the end of their employment.

Employee personnel files can include the following information and documentation:

Resumes and applications
Accepted offer letters
Background check authorizations
Job descriptions/roles held
Signed policy acknowledgements and safety guidelines
Performance evaluations
Training certificates
Disciplinary documentation such as warnings
Resignation letters and other exit documentation

Some documents that are required to comply with other federal and state laws, such as Form I-9s and payroll records, are also considered to be part of an employee personnel file. However, it’s recommended to keep these documents organized separately from other personnel files for better organization and retrieval in the event of an audit, such as an I-9 or wage and hour inspection.

Personnel File Laws

Personnel file laws generally refer to an employee’s right to access and review documented information in their employer’s records.

Specifically, these laws aim to grant employees the right to review their employment history records, verify the accuracy of the records themselves, use the documentation as support for personal career or legal reasons, or to resolve disputes with their employers if necessary.

To reinforce the current labor law status, there is no federal law that requires private employers to give employees access to their personnel files. However, many states have laws that do support employee access to their personnel files, with New York being the most recent state to establish legislation behind this on September 9, 2026.

States With Personnel File Laws

Currently, these are the states that allow employees to request access to their personnel files from their employer:

Alaska
Connecticut
Delaware
Iowa
Maine
Massachusetts
Minnesota
Nevada
New Hampshire
Pennsylvania
Rhode Island
South Carolina
Washington

Additionally, these states have laws for employees requesting personnel files, even if they were former employees:

California
Illinois
Michigan
New York
Oregon
Wisconsin

Procedure for Providing Personnel Files

If an employer is operating in any of the states listed above, they must be prepared to grant employees access to their personnel files on request. Generally, employers should follow this procedure to ensure a smooth and compliant process.

Note that state laws vary drastically, which means the procedure below will not be a one-size-fits-all solution. It’s critical to view the process holistically to ensure the process follows the regulations required by each state.

Require a Written Request

While not all states with personnel file laws require an employee to submit a written request for their documentation, many still do. Requiring a written request helps protect your organization from non-compliance regardless of the state regulations.

Additionally, it’s important to verify the written request made to ensure that the request is legitimate and originates from the employee. An employer can ask to see a valid ID before moving forward with the request. To ensure a consistent process while validating an employee’s request, employers should update their employee handbook to reflect verification as part of the process.

Any written request received should also be promptly responded to, as some states require an employer response within a certain timeframe. For example, New York requires employers to provide copies of personnel files within five business days of an employee’s request.

Review and Conceal Sensitive Information

After receiving a request from an employee, employers will want to review the personnel files before a delivery is made to withhold any personal or sensitive information that may be contained.

Certain information that must be withheld can vary greatly between state laws, though generally, an employer should withhold the following information if present in employee personnel files:

An employee’s medical records
Letters of reference
Internal staff planning materials
Information that pertains to another person/employee
Any records that are subject to a court proceeding
Records that allege any sort of criminal activity
Records maintained by educational institutions that directly relate to a student

To maintain a consistent, complaint-ready practice, employers should proactively manage and store these files separately from files that can be given to an employee. If general personnel documents contain any sensitive information, ensure the information is redacted prior to handing over a copy to the employee. If at any point an employer must redact certain information, it’s common practice to internally document the reason for the information to be withheld.

Deliver Personnel Files to the Employee

Continuing with the organized process, employers should then be prepared to submit the copies of their employees’ personnel files requested.

As mentioned prior, depending on the state law, employers must be able to deliver personnel files to the employee within a reasonable time after the employee’s written request. Certain states have statutory limits as to when an employer must respond to a request, or else they face the possibility of fines or court summons.

To maintain a safe delivery of personnel files to employees, employers can do any of the following:

If delivering a personnel file on site: Have an HR representative supervise the transaction for the employee
If delivering a personnel file digitally: Use password-protected platforms, such as email or PDF

It may also be helpful to internally record when an employee receives the personnel files to ensure the delivery was performed and noted in case it needs to be referenced.

Note that copies made of personnel files may be kept by the employee.

Frequently Asked Questions

What is a personnel file?

A personnel file is a collection of employment-related documents and records that an employer maintains about an employee throughout their employment. It may include hiring documents, job information, performance reviews, disciplinary records, and termination paperwork.

Employers should maintain organized records and follow applicable state and federal requirements for confidentiality, retention, and access.

What is in a personnel file?

A personnel file commonly contains:

Resumes and applications
Accepted offer letters
Background check authorizations
Job descriptions/roles held
Signed policy acknowledgements and safety guidelines
Performance evaluations
Training certificates
Disciplinary documentation such as warnings
Resignation letters and other exit documentation

Depending on the employer’s practices and applicable laws, other employment records may also be covered. Generally, payroll records, medical information, and Form I-9 documents should remain separate since those records may have additional retention requirements.

Can an employee ask for their personnel file?

Yes, employees can request access to their personnel files, but whether an employer is legally required to provide them depends on the applicable state law. There is no general federal law requiring private employers to provide personnel files upon request. However, several states have their own access requirements.

Can a former employee ask for their personnel file?

In some states, former employees have the right to request their personnel files, although eligibility and time limits vary. For example, under New York’s law, eligible former employees may request their personnel files for up to three years after leaving employment. Employers should review the applicable law before denying a former employee’s request.

What should an employer do if an employee disagrees with information in their personnel file?

Employers should follow the procedures required by applicable law and maintain accurate records of any dispute. For example, under New York’s law, employees can challenge negative information in their personnel records, including by seeking its removal or submitting a written rebuttal to be included in the record. Employers should establish a consistent process for receiving, reviewing, and documenting disputes.

Can an employee request their personnel file more than once?

The answer depends on the applicable state law. For example, New York’s law limits the obligation to provide access to no more than two separate occasions per calendar year. Employers should confirm any applicable limits before a repeat request.

What should employers do to comply with New York’s Personnel Records Access Law?

Before the law takes effect on November 8th, 2026, New York employers should review their personnel recordkeeping practices, establish a written request-and-response procedure, assign responsibility for meeting the five-business-day deadline, and train HR staff and managers on the new requirements. Employers should also review how they document negative information, handle employee disputes, protect confidential records, and retain personnel documentation.

When did New York's personnel records access law go into effect?

New York's Employee Personnel Records Access Law was signed on September 9th, 2026, and takes effect on November 8th, 2026. Beginning on that date, covered employers must provide current and eligible former employees with copies of their personnel records within five business days of receiving a written request.

Who is allowed to access personnel files in New York?

Before the law takes effect on November 8th, 2026, New York employers should review their personnel recordkeeping practices, establish a written request and response procedure, assign responsibility for meeting the five-business-day deadline, and train HR staff and managers on the new requirements. Employers should also review how they document negative information, handle employee disputes, protect confidential records, and retain personnel documentation.

Follow a Consistent Record Retention Process

To conclude the process, it’s important to review and finalize your record retention plan so that future employee personnel file requests are quick and painless to replicate. Since it can be a struggle to maintain employee personnel files on top of other relevant records, such as payroll and I-9s, employers may want a complete HR service to help with building and refining the process.

For New York employers just now updating their handbook policies to reflect the new labor law change, they should ideally reach out to a New York HR company that specializes in NY state labor law compliance to ensure the process reflects the provisions. If your organization wants specialized help before an employee makes a request, contact us today or reach out to one of our HR experts directly.