Personnel Records (M.G.L.c. 149, s. 52C)
- A "personnel record" is a record that is or has been used, or may affect or may be used relative to an employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action.
- A current or former employee who makes a written request to review the employee's personnel records must be given an
opportunity to review the records within 5 business days of the request during normal business hours at the place of employment.
- Similarly a current or former employe must be given a copy of the employee's personnel record with 5 business days of submission of a written request of a copy.
- An employer must notify an employee within 10 days of the employer placing in the employee's personnel record any information that negativiely affects the employee.
- An employer is not required to allow an employee to review the employee's personnel record on more than 2 separate occasions in a calendar year. However, the review caused by the placing of negative information in the employee's personnel record is not deemed to be one of these 2 annually permitted reviews.
- If the employee disagrees with any information in his/her personnel records, the employee may submit a written statement explaining the employee's disagreement, which statement shall become part of the employee's personnel record. The statement must be included when this information is transmitted to a third party as long as the original information is retained as part of the file.
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