§631. Employee right to review personnel file
The employer shall, upon written request from an employee or former employee, provide
the employee, former employee or duly authorized representative with an opportunity
to review and copy the employee's personnel file if the employer has a personnel file
for that employee. The reviews and copying must take place at the location where
the personnel files are maintained and during normal office hours unless, at the employer's
discretion, a more convenient time and location for the employee are arranged. In
each calendar year, the employer shall provide, at no cost to the employee, one copy
of the entire personnel file when requested by the employee or former employee and,
when requested by the employee or former employee, one copy of all the material added
to the personnel file after the copy of the entire file was provided. The cost of
copying any other material requested during that calendar year is paid by the person
requesting the copy. For the purpose of this section, a personnel file includes,
but is not limited to, any formal or informal employee evaluations and reports relating
to the employee's character, credit, work habits, compensation and benefits and nonprivileged
medical records or nurses' station notes relating to the employee that the employer
has in the employer's possession. Records in a personnel file may be maintained in
any form including paper, microfiche or electronic form. The employer shall take
adequate steps to ensure the integrity and confidentiality of these records. An employer
maintaining records in a form other than paper shall have available to the employee,
former employee or duly authorized representative the equipment necessary to review
and copy the personnel file. Any employer who, following a request pursuant to this
section, without good cause fails to provide an opportunity for review and copying
of a personnel file, within 10 days of receipt of that request, is subject to a civil
forfeiture of $25 for each day that a failure continues. The total forfeiture may
not exceed $500. An employee, former employee or the Department of Labor may bring
an action in the District Court or the Superior Court for such equitable relief, including
an injunction, as the court may consider to be necessary and proper. The employer
may also be required to reimburse the employee, former employee or the Department
of Labor for costs of suit including a reasonable attorney's fee if the employee or
the department receives a judgment in the employee's or department's favor, respectively.
For the purposes of this section, the term "nonprivileged medical records or nurses'
station notes" means all those materials that have not been found to be protected
from discovery or disclosure in the course of civil litigation under the Maine Rules
of Civil Procedure, Rule 26, the Maine Rules of Evidence, Article V or similar rules
adopted by the Workers' Compensation Board or other administrative tribunals. [2003, c. 58, §1 (AMD).]
1975, c. 694, §2 (NEW).
1979, c. 66, §§1,2 (AMD).
1989, c. 178, (AMD).
1991, c. 105, (AMD).
1991, c. 885, §D2 (AMD).
1997, c. 420, §1 (AMD).
1999, c. 235, §1 (AMD).
2003, c. 58, §1 (AMD).