Virginia law has no specific requirement that private-sector employers maintain personnel files; however, Virginia law has mandated that employers provide certain employment records within 30 days of a written request from an employee or an employee's attorney. This law does not require employers to give employees their entire personnel files upon request, only documents reflecting:
Employers don't have to provide documents not on this list, so, for example, a worker isn't entitled to notes from a workplace investigation or a manager's notes regarding a performance issue, assuming the notes don't fall under any of the four categories specified in the law.
Employers should develop internal policies and procedures for reviewing and responding to personnel file requests, given that responses are required within 30 days – or within 60 days if the employer can provide a reason for the delay,
Even if the documents fall under one of the four categories, employers don't have to provide the records to an employee if his or her treating physician or clinical psychologist has provided a written...
Please call us at (312) 960-9400 if this is an error or if you have any questions.