The start of 2025 brought significant changes to Illinois’ Personnel Records Review Act (PRRA), expanding employee rights while adding new procedural requirements. These amendments mark an important shift in how Illinois employers must handle personnel record requests. Let’s break down the key changes and what they mean for employers.
Expanded Access to Records
The amended PRRA now gives employees access to three new categories of documents:
1. Employment-related contracts and agreements that bind the employee
2. Employee handbooks (both current and previous versions)
3. Written employer policies and procedures (current and previous)
Additionally, the amendments expand existing categories to include documents used to determine employee benefits. This means employees now have broader access to records that directly impact their employment terms and conditions.
New Document Exemptions
While expanding access in some areas, the amendments also protect certain sensitive business information. Newly exempted documents include:
- Trade secrets
- Client lists
- Sales projections
- Financial data
Streamlined Request Process
The amendments establish clearer procedures for record requests. Employees must now:
- Submit requests in writing (email is acceptable)
- Direct requests to the person responsible for maintaining records
- Specify:
- Which records they want to access
- Preferred action (inspect, copy, or receive copies)
- Desired format (hard copy or electronic)
- Who will perform the inspection (employee or representative)
- Include a signed medical information release waiver if applicable
Employer Response Requirements
Employers have new options for responding to requests:
- They can notify employees in writing if requested records don’t exist
- If records are already accessible to employees, employers can provide instructions for access
- Employers must still respond within seven working days, with a possible seven-calendar-day extension
- Employers can charge for copies but cannot include costs for staff time, equipment, or software licenses
Enhanced Enforcement Procedures
The amendments clarify the dispute resolution process:
- Employees must first file complaints with the Illinois Department of Labor
- Before pursuing court action, employees must either:
- Wait 180 days, or
- Obtain certification that the department likely cannot resolve the complaint within that timeframe
What Employers Should Do Now
1. Review and update record-keeping practices to ensure compliance with the expanded requirements
2. Develop clear procedures for handling employee record requests
3. Train relevant staff on the new requirements and response procedures
4. Update document retention policies to account for newly accessible categories
5. Implement systems to track and respond to requests within required timeframes
Looking Ahead
These changes reflect a growing trend toward greater transparency in employment relationships while balancing employer interests in protecting sensitive business information. Illinois employers should stay proactive in maintaining compliance with these new requirements to avoid potential penalties and legal challenges.
The PRRA continues to apply to employers with five or more employees, and violations can result in actual damages, enforcement costs, and potential penalties of $200 plus attorney’s fees for willful violations.
For specific guidance on implementing these changes or handling employee record requests, consult with Cramer Law Group. Our experienced employment law team can help ensure your compliance with Illinois’ evolving personnel records requirements.
***Note: This blog post is for informational purposes only and should not be construed as legal advice.***
