(820 ILCS 40/2) (from Ch. 48, par. 2002)
(Text of Section before amendment by P.A. 103-201)
Sec. 2.
Open records.
Every employer shall, upon an employee's request
which the employer may require be in writing on a form supplied by the
employer, permit the employee to inspect any personnel documents which are,
have been or are intended to be used in determining that employee's qualifications for
employment, promotion, transfer,
additional compensation, discharge or other disciplinary action,
except as provided in Section 10. The inspection right
encompasses personnel documents in
the possession of a person, corporation, partnership, or other association
having a contractual agreement with the employer to keep or supply a personnel
record. An employee may request all or any part of his or her
records, except as provided in Section 10. The employer shall grant at least
2 inspection requests by an employee in a calendar year when requests are
made at reasonable intervals, unless otherwise
provided in a collective bargaining agreement. The employer
shall provide the employee with the inspection opportunity within 7 working
days after the employee makes the request or if the employer can reasonably
show that such deadline cannot be met, the employer shall have an
additional 7 days to comply. The inspection shall take place
at a location reasonably near the employee's place of employment and during
normal working hours.
The employer may allow the inspection to take place at a time other than
working hours or at a place other than where the records are maintained
if that time or place would be more convenient for the employee.
Nothing in this Act shall be construed as a requirement that an
employee be permitted to remove any part of such personnel records or any
part of such records from the place on the employer's premises where it is
made available for inspection. Each employer shall retain the right to
protect his records from loss, damage, or alteration to insure the integrity
of the records.
If an employee demonstrates that he or she is unable to review his or her personnel record
at the employing unit, the employer shall, upon the employee's written
request, mail a copy of the requested record to the employee.
(Source: P.A. 83-1362.)
(Text of Section after amendment by P.A. 103-201)
Sec. 2. Open records. Every employer shall, upon an employee's request
which the employer may require be in writing on a form supplied by the
employer, permit the employee to inspect any personnel documents which are,
have been or are intended to be used in determining that employee's qualifications for
employment, promotion, transfer,
additional compensation, discharge or other disciplinary action,
except as provided in Section 10. The inspection right
encompasses personnel documents in
the possession of a person, corporation, partnership, or other association
having a contractual agreement with the employer to keep or supply a personnel
record. An employee may request all or any part of his or her
records, except as provided in Section 10. The employer shall grant at least
2 inspection requests by an employee in a calendar year when requests are
made at reasonable intervals, unless otherwise
provided in a collective bargaining agreement. The employer
shall provide the employee with the inspection opportunity within 7 working
days after the employee makes the request or if the employer can reasonably
show that such deadline cannot be met, the employer shall have an
additional 7 days to comply. The inspection shall take place
at a location reasonably near the employee's place of employment and during
normal working hours.
The employer may allow the inspection to take place at a time other than
working hours or at a place other than where the records are maintained
if that time or place would be more convenient for the employee.
Nothing in this Act shall be construed as a requirement that an
employee be permitted to remove any part of such personnel records or any
part of such records from the place on the employer's premises where it is
made available for inspection. Each employer shall retain the right to
protect his records from loss, damage, or alteration to insure the integrity
of the records. The
employer shall, upon the employee's written
request, email or mail a copy of the requested record to the employee by the email address or mailing address identified by the employee for the purpose of receiving the copy of requested record. An employer may charge a fee for providing a copy of the requested record. The fee shall be limited to the actual cost of duplicating the requested record.
(Source: P.A. 103-201, eff. 1-1-24.)
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