Access to Personnel Files Handbook Statement: Maine

Author: Amy E. Mendenhall, Marissa L. Dragoo, Corinn Jackson, and Judith A. Paulson, Littler

When to Include This Statement

Maine employers should consider including this statement in their handbook to inform employees of the rules surrounding the review of employee personnel files.

Customizable Handbook Statement

Access to Personnel Files

Upon written request, current and former employees (or their authorized representative) may review and copy their personnel files. Employees should submit a written request to their Human Resources representative [or insert name/contact details for appropriate company representative or department]. The file must be inspected at the location where the files are maintained, during normal business hours. At the Company's discretion, a more convenient time and location for the employee may be arranged.

Each calendar year, current and former employees may request one free copy of the employee's entire personnel file, but will be required to pay for additional copies.

Guidance for Employers

  • Maine law requires that, upon written request, current employees, former employees or their duly authorized representatives be allowed to review and copy the employee's personnel file, if one is maintained by the employer.
  • Employers must provide former and current employees with one free copy of the entire personnel file each calendar year upon request. Employees must pay for any additional copies.
  • For purposes of Maine law, a "personnel file" includes, but is not limited to:
    • Any formal or informal employee evaluations;
    • Reports relating to the employee's character, credit, work habits or compensation and benefits;
    • Non-privileged medical records or nurses' station notes relating to the employee that the employer has in its possession; and
    • Records relating to an internal misconduct investigation.
  • Records in a personnel file may be maintained in any form, including paper, microfiche or electronic form.
  • If an employer maintains personnel files in any form other than paper, it must have available the equipment necessary to review and copy the personnel files.
  • Maine law requires employers to take adequate steps to ensure the integrity and confidentiality of employee personnel records and information.

Additional Resources

Access to Personnel Files Handbook Statement

Employee Rights to Access Personnel Records by State