With a lot of focus recently on different state laws pertaining to paid time off, don’t forget that states also have  their own laws on personnel file management.

In Michigan we have the Bullard Plawecki Right to Know Act that dictates employer’s personnel file management and access. (MCL Title 17 Chapter 149).

As all HR professionals should know, Michigan’s law permits an employee – a person currently or formerly employed by an employer – to access the employee’s personnel record. Michigan’s definition of personnel record is pretty broad but also exempts some records. For more information on the Michigan law, ASE members can research it in ASE’s online libraries or call the ASE Hotline.

However, there are currently laws in 19 other states that provide current and former employees access to their personnel files upon request. Those state laws typically define what a personnel file is and any documents or information that can be excluded from the file. They also prescribe how an employee may access their file and in some cases dispute what is in their personnel file.

Employers are advised to actively manage their personnel files. Regardless of the state the employer is in it is recommended:

• The employer be familiar with the laws of those states in which employees work. These laws are changing due to new legislation that is redefining what is in the file and what must be provided to employees upon their request.
• Implement policies and practices around creation and maintenance of the personnel file and whether certain documents should be kept at all if the law does not require it to be.  Employers should determine how long a document should or must be saved. Both federal and state laws address length of recordkeeping.
• Determine whether certain records should be excluded from the personnel file such as those relating to an investigation.
• Have a plan and procedure in place to respond to requests for access rather than just reacting.
• Be sure managers and human resources personnel are knowledgeable about the organization’s personnel file management and  recordkeeping policies and procedures.

It is important to clarify that any performance or disciplinary documents prepared and maintained by an employee’s manager are considered part of the employee’s personnel file. These documents are also subject to the employer’s policies regarding where they are stored, how they are maintained, and how long they must be retained.

ASE Connect

ASE members have access to not only Michigan personnel file compliance information but to information about all state laws across the country through CCH AnswersNow and Zywave HR Service Suite located in the ASE Member Community.

Sources: CCH HR Answers Now; Law360 Employment Authority Expert Analysis. Personnel File Access Laws Post New Risk For Employers (10/22/2025)