Questions and Answers About
Your Personnel File & Medical Records
September 2008
A. A personnel file holds information about your hiring, promotion, discipline, evaluation, or termination from your job and includes information that was e-mailed or faxed. Letters of recommendation and references are not part of your personnel file.
Q. Who can look at my personnel file?
A. You and your employer have a right to look at your personnel file. You also have a right to look at your personnel file and to get a copy of it. Your employer can require you to write your request for these records. Usually the employer won’t charge for copying the records, but they can charge a reasonable amount.
People outside your workplace do not have the right to see your file unless you have given written permission. There are exceptions such as: a payroll services company, a law enforcement agency can get your home address and dates of attendance at work, a medical emergency, and when subpoenaed or ordered by a court. The only information an employer may give out without your consent is when you worked, how much you made, and your title or position.
Q. What kind of information is in my medical records?
A. Medical records are papers and reports from a physician, psychiatrist, or psychologist which relate to your work. Medical records may be kept for a variety of reasons, for example, to document an injury for a workers compensation claim, or to document why you were absent or need a medical leave.
Q. Are my medical records kept in my personnel file?
A. No. Medical records must be kept in a separate file--not as part of any personnel file.
Q. Can I get a copy of my medical records?
A. You cannot get the records directly. With your permission a doctor may ask your employer for a copy of your records. Your employer may charge a reasonable fee for the copies. Once your doctor gets this copy, you can ask him or her for the information in your file.
Q. What if I disagree with what is in my personnel file or medical records?
A. You can ask your employer to take out or correct the information in your file. If your employer won’t agree to the change, you have a right to put a written statement in your file. Your employer has to keep your statement in the file.
Q. How often can I see my personnel file and medical records?
A. You can see your files two times per calendar year. Your employer can let you see your file more often, but he or she does not have to do so.
For free advice & information, call Statewide Legal Services at 1-800-453-3320 or 860-344-0380
This information is based on laws in CT as of 9/2008. It is not intended as legal advice for an individual situation; individuals should consult with a lawyer if possible. Produced by the Legal Assistance Resource Center of CT. www.larcc.org