On March 31, 2026, the Washington Department of Labor and Industries (L&I) adopted a permanent rulemaking order (AO 26-01) amending Washington Administrative Code (WAC) 296-126-050 (Personnel Files) to align the rule with changes to chapter 49.12 Revised Code of Washington (RCW) made by Substitute House Bill (SHB) 1308 (2025), including expanded access rights and remedies.

The amended rule clarifies what records may be included in a “personnel file.” Employers will be required to provide access to the file within 21 calendar days. Furthermore, an employee or former employee may pursue a private cause of action for each violation for failure to provide complete personnel file(s) after providing notice of intent to sue.

This update applies to Washington employers responding to employee or former employee personnel file requests and takes effect on May 1, 2026 (31 days after the permanent rule is filed).

What Employers Need to Do

• Implement a 21-day request workflow: Date-stamp requests upon receipt and track the 21-calendar-day deadline for inspection access and for former employee discharge statements.

• Create a “personnel file inventory” map: Identify where each qualifying record type is kept (applications, evaluations, closed discipline, leave/accommodation, payroll, agreements) so production is complete when requested.

• Standardize the former employee discharge statement: Use a consistent template that includes (1) the effective date of discharge, (2) whether the employer had a reason for the discharge, and (3) the reasons, if applicable, and ensure it is signed and delivered within 21 days.

• Maintain a request/fulfillment log: Track the request date, deadline date, fulfillment date, delivery/access method, and what was provided to help demonstrate timely and complete compliance.

Overview

• Personnel File Scope (if Created): “Personnel files” include job application records, performance evaluations, nonactive or closed disciplinary records, leave and reasonable accommodation records, payroll records, and employment agreements, if the employer creates such records.
  • Note: In accordance with 49.12.250(3)(a), an employer reserves the right to remove any irrelevant documentation from the file when the requested content is unrelated (e.g., leave or accommodation documents that disclose medical information, often kept in a separate confidential file).

• Employee Access Deadline: Employers must allow employees to inspect their own personnel files within 21 calendar days of receiving a request.

• Former Employee Discharge Statement: Within 21 calendar days of receiving a written request from a former employee (or designee), employers must provide a signed written statement stating the effective date of discharge and whether there was a reason for the discharge (and, if so, the reasons).

• Former Employee Definition: “Former employee” means a person who separated from the employer within three years of the request date.

Why This Matters

• Clear, Enforceable Timelines: The rule replaces the older “reasonable time” approach in the rule text with a specific 21-calendar-day deadline for employee inspection and for the former-employee discharge statement.

• Broader “Personnel File” Production Risk: Because “personnel files” include multiple record categories if created, employers can easily miss documents stored outside the traditional HR folder unless they have a defined inventory and process.

Key Risks for Employers

• Late Compliance (21-day Deadline): Missing the 21-calendar-day inspection or statement deadline increases exposure under the rule’s stated enforcement framework.

• Incomplete Personnel File Production: Failing to include all record categories that qualify if created (especially records housed outside HR) can trigger “complete file” violations.

• Incorrect “Former Employee” Determination: Misapplying the “separated within three (3) years” definition can lead to improper denial or delayed compliance.

• Poor Documentation of Compliance: Without a request log and proof of delivery/access, employers may struggle to rebut claims that production was late or incomplete.

Source Reference

• Washington L&I – Press Release – L&I updates rules to expand worker access to personnel files (April 10, 2026)
• Washington Rulemaking Order – CR 103 P (March 31, 2026)
• Washington WAC 296-126-050
• Reminder Washington: Employers to Provide Upon Request Personnel Records (VensureHR)
• Washington Replaces Personnel File Access Law with New Rules for Employers (VensureHR)

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