820 ILCS 40/2

(820 ILCS 40/2) (from Ch. 48, par. 2002)

(Text of Section before amendment by P.A. 103-727)

Sec. 2. Open records. Every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect any personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action, except as provided in Section 10. The inspection right encompasses personnel documents in the possession of a person, corporation, partnership, or other association having a contractual agreement with the employer to keep or supply a personnel record. An employee may request all or any part of his or her records, except as provided in Section 10. The employer shall grant at least 2 inspection requests by an employee in a calendar year when requests are made at reasonable intervals, unless otherwise provided in a collective bargaining agreement. The employer shall provide the employee with the inspection opportunity within 7 working days after the employee makes the request or if the employer can reasonably show that such deadline cannot be met, the employer shall have an additional 7 days to comply. The inspection shall take place at a location reasonably near the employee's place of employment and during normal working hours. The employer may allow the inspection to take place at a time other than working hours or at a place other than where the records are maintained if that time or place would be more convenient for the employee. Nothing in this Act shall be construed as a requirement that an employee be permitted to remove any part of such personnel records or any part of such 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 records from loss, damage, or alteration to insure the integrity of the records. The employer shall, upon the employee's written request, email or mail a copy of the requested record to the employee by the email address or mailing address identified by the employee for the purpose of receiving the copy of requested record. An employer may charge a fee for providing a copy of the requested record. The fee shall be limited to the actual cost of duplicating the requested record.

(Source: P.A. 103-201, eff. 1-1-24.)

(Text of Section after amendment by P.A. 103-727)

Sec. 2. Open records.

(a) Upon request in writing to their employer, every employee has a right under this Act to inspect, copy, and receive copies of the following documents:

(1) any personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action, except as provided in Section 10;

(2) any employment-related contracts or agreements that the employer maintains are legally binding on the employee;

(3) any employee handbooks that the employer made available to the employee or that the employee acknowledged receiving; and

(4) any written employer policies or procedures that the employer contends the employee was subject to and that concern qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action.

The inspection right encompasses personnel documents in the possession of a person, corporation, partnership, or other association having a contractual agreement with the employer to keep or supply a personnel record. An employee does not have a right under this Act to the documents categorized in Section 10.

(b) The employer, upon an employee's written request, shall grant at least 2 requests in a calendar year to inspect, copy, and receive copies of records to which that employee has a right under this Act. Requests shall be:

(1) made at reasonable intervals, unless otherwise provided in a collective bargaining agreement; and

(2) made to a person responsible for maintaining the employer's personnel records, including the employer's human resources department, payroll department, the employee's supervisor or department manager, or to an individual as provided in the employer's written policy.

(c) A written request shall:

(1) identify what personnel records the employee is requesting or if the employee is requesting all of the records allowed to be requested under this Section;

(2) specify if the employee is requesting to inspect, copy, or receive copies of the records;

(3) specify whether records be provided in hardcopy or in a reasonable and commercially available electronic format;

(4) specify whether inspection, copying, or receipt of copies will be performed by that employee's representative, including family members, lawyers, union stewards, other union officials, or translators; and

(5) if the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee's specific representative.

(d) The employer shall comply with the employee's request within 7 working days after the receipt of the request, or, if the employer can reasonably show that such deadline cannot be met, the employer shall have an additional 7 calendar days to comply. If an employer does not maintain records in one or more of the categories requested, the employer may respond in writing notifying the employee that the employer does not maintain records in the category, but must still permit inspection, copying, and receipt of copies as required by subsection (b) of any other category requested as to which the employer does maintain records. If the records are maintained in a manner and fashion that is already accessible by the employee, the employer may instead provide the employee with instructions on how to access that information. Any in-person inspection shall take place at a location reasonably near the employee's place of employment and during normal working hours. The employer may allow the inspection to take place at a time other than working hours or at a place other than where the records are maintained if that time or place would be more convenient for the employee. Nothing in this Act shall be construed as a requirement that an employee be permitted to remove any part of such personnel records or any part of such 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 records from loss, damage, or alteration to ensure the integrity of the records. The employer shall, upon the employee's written request, email or mail a copy of the requested record to the employee by the email address or mailing address identified by the employee for the purpose of receiving the copy of requested record. An employer may charge a fee for providing a copy of the requested record. The fee shall be limited to the actual cost of duplicating the requested record and may not include the imputed costs of time spent duplicating the information, the purchase or rental of copying machines, the purchase or rental of computer equipment, the purchase, rental, or licensing of software, or any other similar expenses.

(e) As used in this Section, "written request" includes any electronic communications, such as email or text messages.

(Source: P.A. 103-201, eff. 1-1-24; 103-727, eff. 1-1-25.)