Employee Personnel File Access Requirements in New Hampshire

At a glance

Inspection and copies

RSA 275:56 requires every employer to give a requesting employee a reasonable opportunity to inspect the employee's personnel file. On request, the employer must also provide a copy of all or part of the file.

The statute does not define "reasonable" with a fixed number of calendar or business days and does not prescribe an inspection location or business-hours rule. A copy fee must be reasonably related to the cost of supplying the requested documents.

Exclusions and wellness information

The employer need not disclose information concerning a current investigation of the requesting employee when disclosure would prejudice law enforcement, or information relating to a government security investigation.

Wellness-program information receives different treatment. Health, fitness, lifestyle, and similar information obtained for a health-risk assessment or other wellness program is not a personnel record and may not be retained in the personnel file.

Correction and rebuttal

After inspection, the employee and employer may agree to remove or correct disputed information. If they cannot agree, the employee may submit a written statement explaining the employee's version together with supporting evidence.

That statement becomes durable. It must be maintained in the personnel file and included whenever the file is transmitted to a third party or the contested information is disclosed to a third party.

RSA 275:56 says "employee" and does not expressly include a former employee. It also states no access-linked retention period, request cap, or specific refusal penalty or private remedy.

What trips people up

"Reasonable opportunity" is not a numerical deadline. The statute does not promise production within a particular number of days.

The employer does not have to accept every proposed correction. If the parties cannot agree, the statutory protection is the employee's written statement and supporting evidence, which must remain with the disputed material.

The third-party rule is broader than merely keeping the statement in the file: it must accompany both file transmissions and disclosures of the contested information.

Common questions

Must the initial request be written?

RSA 275:56 requires a request but does not say that the initial inspection or copy request must be written. The rebuttal itself must be written.

Can the employer charge for copies?

Yes, but only a fee reasonably related to the cost of supplying the requested documents.

Does the statute expressly cover former employees?

No. It refers to an employee and does not state a post-termination access window.

Statutes and sources

• RSA 275:56(I)-(II): inspection, copies, cost, correction, and third-party rebuttal rule — official text (accessed July 12, 2026).
• RSA 275:56(III)-(IV): investigation exclusions and wellness-program records — official text (accessed July 12, 2026).