Since 1978 Michigan has had its own personnel file law that is commonly called the Bullard-Plawecki Employee Right to Know Act (also called the Sunshine in the Personnel File law) that requires employers to allow an employee to access information in their personnel files. It defines what and what is not considered a “personnel record.” The definition is quite broad but contains some exceptions that are not considered personnel records listed below:

1. Employee references supplied to an employer if the identity of the person making the reference would be disclosed.
2. Materials relating to the employer's staff planning with respect to more than one employee, including salary increases, management bonus plans, promotions, and job assignments.
3. Medical reports and records made or obtained by the employer if the records or reports are available to the employee from the doctor or medical facility involved.
4. Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
5. Information that is kept separately from other records and that relates to an investigation by the employer of criminal activity by the employee that may result in loss or damage to the employer's property or disruption of the employer's business operation.
6. Records limited to grievance investigations that are kept separately.
7. Records maintained by an educational institution that are directly related to a student and are considered to be education records.
8. Records kept by an executive, administrative, or professional employee that are kept in the sole possession of the maker of the record and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee may be entered into a personnel record if entered not more than six months after the date of the occurrence or the date the fact became known.

Among other things, the law requires employers to allow employee review the employee personnel record as well as the ability to obtain a copy of the personnel file should the employee formally request it. The employer may charge a “reasonable fee” not to exceed the incremental cost of duplicating the information to make a copy of the requested documents. This request is limited to twice per calendar year.

Review of the personnel file must be at a location reasonably near the workplace and during normal office hours.

The law also restricts what an employer or former employer may divulge to third parties without written permission. This includes disciplinary reports, letters of reprimand or other disciplinary actions that are in the file.

Penalties for violation of this law include actual damages and fines.

Did you know other states have similar laws with different requirements that would apply to employers having employees in those states?

For example, the state of Washington recently revised its law to further refine what a “personnel file” means. Their law defines a personnel file to include application records, employment agreements, discipline and performance records, leave and reasonable accommodation records, and payroll records. It also includes a deadline of 21 days to provide access to the file when a request is made. Michigan law does not specify an exact deadline for providing access to a personnel file, but it has been interpreted to require access within a reasonable time – typically two weeks or less.

Oregon requires an employer to respond within 45 days. Virginia puts a 30-day response requirement, but Massachusetts requires an employer to comply in only five (5) days from the employee’s request.

31 states and the District of Columbia have no personnel file laws requiring access to the file. 19 states have some type of personnel file laws.

Employers and HR professionals that have operations and employees in other states should be cognizant that those states may have their own personnel file laws with their own requirements different from the State of Michigan.

ASE Connect

ASE members can keep up with other state’s employment law through its online libraries that have state-by-state employment law comparator tools. Both CCH AnswersNow and Zywave HR Services Suite offer these tools, accessible on the ASE Member Dashboard.

Sources:

CCH AnswersNow. Access to Personnel Files Law Summary. State of MI

Lexology. Barnes & Thornburg LLP. The State of Employment Law: State Laws Regarding Personnel File Access Vary Broadly. 7/7/2025