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State Info

Recordkeeping - Alabama

RegSenseState InfoRecordkeepingRecordkeepingAlabamaHR GeneralistBest ResultsEnglishFocus AreaHuman Resources

Summary of differences between federal and state regulations

Federal

The federal Fair Labor Standards Act does not require employers to allow employees access to their personnel files. This access is generally a matter of agreement between an employer and an employee (or the employee’s representative). However, while federal law does not, some state laws require employers to allow employees access to their files. Employers need to comply with the state laws.

Federal OSHA requires that employers must allow employees and their designated representatives to inspect and/or copy records pertaining to exposure to hazardous substances. Access must be provided in a reasonable time, place, and manner. Access must be provided within 15 days working days. No costs may be incurred for the first provision, but subsequent provisions may be charged reasonable, nondiscriminatory administrative costs.

Employees and former employees must be guaranteed access to their individual OSHA 301 forms. Employee representatives will be provided access to the “information about the case” section of the OSHA 301 form in establishments where they represent employees.

The federal Health Insurance Portability and Accountability Act (HIPAA) requires employers to allow employees to inspect and/or obtain a copy of any of their own protected health information that is used to make decisions about them. Employers must provide access within 30 days of receiving a request if the information is maintained or accessible onsite. If not, employers have 60 days to act. Employers must arrange for a mutually convenient time and place for employee access. Employers may charge reasonable, cost-based fees for copying information, but not for retrieving or handling the information or processing a request.

State

Records to be kept on file
Wage and Hour/PayrollUnemployment
Retain unemployment compensation records for five years after the calendar year in which wages were paid or were due. These records should contain the following:
  • The employee’s full name;
  • The employee’s Social Security number;
  • The state or states in which the employee performed work;
  • The date the employee was hired, rehired, or returned to work after a temporary layoff;
  • The date the employee was separated from work and the reason;
  • The beginning and ending dates of each pay period;
  • The total wages paid to the employee in any pay period, showing separately any bonuses, gifts, vacation or annual leave pay, etc.;
  • The amount paid in travel or other business-expense reimbursement and allowances, as well as the dates of such payments and the amounts actually paid for by the worker; and
  • The hours the worker spent in both covered and noncovered employment.

Records must be kept in a manner that makes it possible to determine with respect to any worker:
  1. Earnings by pay period weeks (if paid on a weekly basis), calendar weeks, or other seven consecutive day period;
  2. Weeks of less than full-time work; and
  3. Time lost due to the worker’s unavailability for work.

Code of Alabama §25-4-116, Alabama Administrative Code §480-4-2-.14
Accessible RecordsWorkers' compensation records
Upon written request, employees shall be given access to records and statements connected to their treatment or examination for a workers’ compensation injury. This includes a written statement of a physician’s professional opinion as to the extent of the injury and disability and copies of X-rays and laboratory reports. These records may be supplied by the medical provider furnishing treatment without the consent or notification of the employer.
Code of Alabama §25-5-77
School district employees' access
Upon request, public school employees, or any person designated in writing by an employee, should be allowed to view all contents of their personnel files. They may also copy any documents contained in the files. The employee may answer or object in writing to any material in the file and the answer/objection shall be attached to the appropriate material. A copy of all negative work-performance related materials to be placed in an employee’s record shall be provided to the employee.
Code of Alabama §16-22-14
State employees' access
State employees shall be given a copy of any documentation pertaining to disciplinary action taken toward them no later than 10 days after such documentation is included in their personnel files. If the information isn’t given to employees within the 10-day limit, the documentation must be removed from their personnel files and not used against them in any future proceedings.
Code of Alabama §36-26-27.1

State

Contact

Alabama Department of Industrial Relations

Regulations

Code of Alabama §§ 25-5-77, 16-22-14, 36-26-27.1

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