Employee Personnel File Access Requirements in Illinois
At a glance
| Governing law | Illinois Personnel Record Review Act, 820 ILCS 40/1-13; major access amendments effective January 1, 2025 |
|---|---|
| Who may request the file | Current employee, recall-eligible/on-leave worker with return rights, or former employee within 1 year; employer must have ≥5 employees, excluding listed immediate family (§ 1) |
| Records covered | Decision-related personnel documents; binding employment contracts, employee handbooks, and applicable written policies; includes records held by a contracted recordkeeper (§ 2(a)) |
| Excluded or redacted records | References/academic peer review, tests except cumulative score, multiworker planning, third-party private information, pending-claim discovery, certain investigations until adverse action, trade secrets/client lists/projections/financial data (§ 10) |
| How to request and verify authority | Written request—including email/text—to record custodian/HR/payroll/supervisor/manager or policy recipient; identify records, inspect/copy choice, format, representative, and medical waiver if applicable (§ 2(b)-(c), (e)) |
| Response deadline and inspection location | 7 working days; employer may take 7 additional calendar days if it reasonably shows need. In-person inspection near workplace during normal hours, unless a more convenient time/place is allowed (§ 2(d)) |
| Copy, mailing, and cost rights | Inspect, copy, and receive hardcopy or reasonable commercial electronic format; employer must email/mail on request. Fee limited to actual duplication cost, excluding staff/equipment/software overhead (§ 2(a), (c)-(d)) |
| Correction or employee rebuttal | Mutual correction/removal; if unresolved, employee statement attaches to disputed material and travels with third-party release. Knowingly false information may be expunged through legal action (§ 6) |
| Former-worker limits and enforcement | Former-worker right lasts 1 year; employer must grant ≥2 requests/year. IDOL complaint; employee may sue after unresolved 180 days/certification; actual damages/costs, plus $200 and fees for willful knowing violation; retaliation barred (§§ 1-2, 12) |
Requirements one by one
Who may request and what is covered
Section 1 covers current employees, workers with recall or return rights after layoff or leave, and former employees who left within the preceding year. The employer threshold is at least five employees, excluding the employer's listed immediate family members.
Section 2 reaches more than a traditional HR folder. It covers personnel documents used for employment decisions, binding employment agreements, handbooks made available to the employee, and written policies the employer says governed qualifications, promotion, transfer, compensation, benefits, discharge, or discipline. Records held by a contracted recordkeeper remain within the access right.
Written request and seven-day response
The request must be written, but email or text qualifies. It identifies the records, whether inspection or copies are sought, hardcopy or electronic format, and whether a representative will act. A representative requesting medical information also needs the employee's signed waiver.
The ordinary deadline is seven working days after receipt. The employer may use seven additional calendar days only if it reasonably shows the first deadline cannot be met. If the employee already has access through a system, the employer may provide instructions instead. An in-person inspection occurs reasonably near the workplace during normal hours unless a different arrangement is more convenient.
Copies, delivery, and cost
The employee may inspect, copy, and receive copies in hardcopy or a reasonable, commercially available electronic format. On written request, the employer must email or mail the requested record to the address the employee identifies. A fee may include only actual duplication cost—not staff time, copying or computer equipment, software, or similar overhead.
Correction, rebuttal, and enforcement
The parties may agree to correct or remove disputed information. If they do not, § 6 requires the employer to attach the employee's written statement to the disputed portion and include it whenever that portion is released to a third party while it remains in the file. Knowingly false information may be pursued through legal action for expungement.
An employee may complain to the Illinois Department of Labor. If the Department has not resolved the complaint within 180 calendar days—or certifies sooner that resolution is unlikely—the employee may sue to compel compliance. A prevailing employee receives actual damages and costs; a willful and knowing violation adds $200 and reasonable attorney fees.
What trips people up
The seven extra days are not automatic. The statute uses working days for the initial seven-day period and calendar days for the extension, and the employer must reasonably show why the first deadline cannot be met.
The Act requires at least two requests per calendar year, made at reasonable intervals unless a collective bargaining agreement says otherwise. That is a minimum compliance duty, not a statement that every third request is unlawful.
Investigatory or security records can be excluded while the investigation is ongoing, but the exclusion ends if the employer takes adverse personnel action based on the information. At that point, the employer cannot continue treating the relied-on material as categorically outside access under § 10(g).
Common questions
Can a former employee request the file?
Yes, if the employee terminated service within the preceding year.
Does a text message count as a written request?
Yes. Section 2(e) expressly includes electronic communications such as email or text messages.
Can the employer charge for staff time spent making copies?
No. The fee is limited to actual duplication cost and excludes imputed staff, equipment, and software costs.
Statutes and sources
- 820 ILCS 40/1 and 40/2(a)-(b): covered workers and employers, covered records, and request frequency — official text (accessed July 12, 2026).
- 820 ILCS 40/2(c)-(e): request contents, seven-day deadline, location, delivery, format, and actual-cost limit — official text (accessed July 12, 2026).
- 820 ILCS 40/6 and 40/10: correction, rebuttal, expungement, and exclusions — official text (accessed July 12, 2026).
- 820 ILCS 40/12: Department complaint, court action, damages, fees, and petty offense — official text (accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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