Colorado: Law Grants Current and Former Employees Access to their Personnel Files

Law Effective January 1, 2017

Under a new law in Colorado, an employee generally has a right to access his or her personnel files maintained by a current or former employer. Key provisions of the law are presented below.

Right of Access

  • Employers must, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of any part of his or her own personnel file(s) at the employer’s office and at a time convenient to both the employer and the employee.
  • A former employee may make one inspection of his or her personnel file after termination of employment.
  • An employer may restrict the employee’s or former employee’s access to his or her files to be only in the presence of a person responsible for managing personnel data on behalf of the employer or another employee designated by the employer.
  • The employer may require the employee or former employee to pay the reasonable cost of duplication of documents.

Scope of the Law

  • “Personnel file” means the personnel records of an employee, in the manner maintained by the employer and using reasonable efforts by the employer to collect, that are used or have been used to determine the employee’s qualifications for employment, promotion,additional compensation, or employment termination or otherdisciplinary action.
    • Note: Certain information is excluded from coverage. Click herefor more information.
  • The law does not require an employer to:
    • Create, maintain, or retain a personnel file on an employee or former employee; or
    • Retain any documents that are or were contained in an employee’s or former employee’s personnel file for any specified period of time.
  • Certain financial institutions are exempt from the law’s requirements.

The law is effective January 1, 2017. Click here for more information.

ORIGINALLY POSTED BY HR360

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