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Connecticut Law on Personnel Files
Sec. 31-128a. Definitions.
As used in this chapter: (1) "Employee" means any individual currently
employed or formerly employed by an employer and includes individuals in managerial
positions; (2) "Employer" means an individual, corporation, partnership
or unincorporated association; (3) "Personnel file" means papers,
documents and reports pertaining to a particular employee which are used or
have been used by an employer to determine such employee's eligibility for
employment, promotion, additional compensation, transfer, termination, disciplinary
or other adverse personnel action including employee evaluations or reports
relating to such employee's character, credit and work habits. "Personnel
file" does not mean stock option or management bonus plan records, medical
records, letters of reference or recommendations from third parties including
former employers, materials which are used by the employer to plan for future
operations, information contained in separately maintained security files,
test information, the disclosure of which would invalidate the test, or documents
which are being developed or prepared for use in civil, criminal or grievance
procedures; (4) "Medical records" means all papers, documents and
reports prepared by a physician, psychiatrist or psychologist that are in the
possession of an employer and are work-related or upon which such employer
relies to make any employment-related decision; (5) "Security files" means
memoranda, documents or collections of information relating to investigations
of losses, misconduct or suspected crimes, and investigative information maintained
pursuant to government requirements, provided such memoranda, documents, or
information are maintained separately and not used to determine an employee's
eligibility for employment, promotion, additional compensation, transfer, termination,
disciplinary or other adverse personnel action.
(P.A. 79-264, S. 1, 9; P.A. 80-158, S. 1, 6, 7.)
History: P.A. 80-158 redefined "employee" to specify current employment,
redefined "personnel file" to delete words "formal or informal" describing
employee evaluations, to delete provision excluding records which relate to "an
investigation, arrest or conviction of conduct which constitutes a violation
of state or federal criminal laws" and to specify exclusion of stock option
or management bonus plan records, materials used in planning future operations,
information contained in separate security files and test information and added
Subdiv. (5) defining "security files" and changed effective date
of P.A. 79-264, S. 1 from January 1, 1981, to July 1, 1980.
Subdiv. (2): Cited. 201 C. 421, 424, 428, 430.
Sec. 31-128b.
Employee access to personnel files.
Each employer shall, within a reasonable time after receipt of
a written request from an employee, permit such employee to inspect his
personnel file if such a file exists. Such inspection shall take place
during regular business hours at a location at or reasonably near the
employee's place of employment. Each employer who has personnel files
shall be required to keep any personnel file pertaining to a particular
employee for at least one year after the termination of such employee's
employment.
(P.A. 79-264, S. 2, 9; P.A. 80-158, S. 2, 6, 7.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 required that inspection
take place at or near the employee's place of employment rather than "at
the place where such file is kept".
Sec. 31-128c.
Employee access to medical records.
Each employer shall, within a reasonable time after receipt of
a written request from an employee, permit an inspection of medical records
pertaining to such employee which may be in such employer's possession.
Such inspection shall take place during regular business hours at a location
at or reasonably near the employee's place of employment and shall be
made by a physician chosen by such employee or by a physician chosen
by the employer with such employee's consent. Each employer who has medical
records shall be required to keep any medical records pertaining to a
particular employee for at least three years after the termination of
such employee's employment. Medical records, if kept by an employer,
shall be kept separately and not as part of any personnel file.
(P.A. 79-264, S. 3, 9; P.A. 80-158, S. 3, 6, 7.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 required that inspection
take place at or near employee's place of employment rather than "at the
place where such record is kept"; P.A. 99-284 stated that medical records "shall" be
kept separately (rather than "may."). P.A. 01-55 changed the record
retention period from one to three years following termination.
Sec.
31-128d. Employer's right to retain files on premises.
Nothing in this chapter shall be construed as a requirement that
an employee or his physician be permitted to remove his personnel file
or medical records or any part of such file or 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 files and records
from loss, damage or alteration to insure their integrity. Each employer
may require that inspection of any personnel file or medical records
take place in the presence of a designated official.
(P.A. 79-264, S. 4, 9; P.A. 80-158, S. 4, 6, 7.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 added references
to inspection of medical files and to inspections by employee's physician.
Sec. 31-128e.
Removal or correction of information.
Employee's explanatory statement. If upon inspection of his personnel
file or medical records an employee disagrees with any of the information
contained in such file or records, removal or correction of such information
may be agreed upon by such employee and his employer. If such employee
and employer cannot agree upon such removal or correction then such employee
may submit a written statement explaining his position. Such statement
shall be maintained as part of such employee's personnel file or medical
records and shall accompany any transmittal or disclosure from such file
or records made to a third party.
(P.A. 79-264, S. 5, 9; P.A. 80-158, S. 6, 7.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 changed effective
date to July 1, 1980.
Sec.
31-128f. Employee's consent required for disclosure.
No individually identifiable information contained in the personnel
file or medical records of any employee shall be disclosed by an employer
to any person or entity not employed by or affiliated with the employer
without the written authorization of such employee except where the information
is limited to the verification of dates of employment and the employee's
title or position and wage or salary or where the disclosure is made:
(1) To a third party that maintains or prepares employment records or
performs other employment-related services for the employer; (2) pursuant
to a lawfully issued administrative summons or judicial order, including
a search warrant or subpoena, or in response to a government audit or
the investigation or defense of personnel-related complaints against
the employer; (3) pursuant to a request by a law enforcement agency for
an employee's home address and dates of his attendance at work; (4) in
response to an apparent medical emergency or to apprise the employee's
physician of a medical condition of which the employee may not be aware;
(5) to comply with federal, state or local laws or regulations; or (6)
where the information is disseminated pursuant to the terms of a collective
bargaining agreement. Where such authorization involves medical records
the employer shall inform the concerned employee of his or his physician's
right of inspection and correction, his right to withhold authorization,
and the effect of any withholding of such authorization upon such employee.
(P.A. 79-264, S. 6, 9; P.A. 80-158, S. 57.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 made provisions
specifically applicable to "individually identifiable" information,
clarified that disclosure prohibition applies to persons or entities "not
employed or affiliated with the employer", expanded circumstances under
which disclosure is allowed where previously disclosure was limited to cases "pursuant
to a lawfully issued subpoena", added reference to physician's right of
inspection, changed wording slightly and changed effective date of P.A. 79-264
from January 1, 1981, to July 1, 1980.
Cited. 201 C. 421, 422, 424, 428, 431.
Sec.
31-128g. Employee's right to obtain copies.
Each employer shall, within a reasonable time after receipt of
a written request from an employee, provide such employee with a copy
of all or part of his personnel file or provide such employee's physician
with a copy of such employee's medical records, provided such request
reasonably identifies the materials to be copied. Such employer may charge
a fee for copying such file or records or any part of such file or records.
Such fee shall be reasonably related to the cost of supplying the requested
documents.
(P.A. 79-264, S. 7, 9; P.A. 80-158, S. 6, 7.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 changed effective
date to July 1, 1981.
Sec. 31-128h.
Frequency of inspection.
No employer shall be required to permit an inspection of any employee's
personnel file or medical records on more than two occasions in any calendar
year.
(P.A. 79-264, S. 8, 9; P.A. 80-158, S. 6, 7.)
History: P.A. 79-264 effective January 1, 1981; P.A. 80-158 changed effective
date to July 1, 1980.
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