Personnel file: outer limit if parties agree in writing to a later date (35 calendar days from receipt)

35 days after date the employer receives the written request to inspect or copy personnel records, under Cal. Lab. Code 1198.5(b)(1).

Rule text

unless the current or former employee, or their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request.

Cal. Lab. Code 1198.5(b)(1), official source

Calculate this deadline

Deadline
Friday, December 11, 2026
  1. Trigger (Date the employer receives the written request to inspect or copy personnel records): Friday, November 6, 2026.
  2. Exclude the trigger day and count 35 calendar days: Friday, December 11, 2026.
Rules applied
Cal. Lab. Code 1198.5(b)(1)
unless the current or former employee, or their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • Applies only if there is a written agreement to a date beyond 30 days; otherwise personnel_file_inspection_30_days controls. The agreed date may not exceed this outer limit.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the employer receives the written request to inspect or copy personnel records on Monday, March 15, 2027, personal service: due Monday, April 19, 2027.

  1. Trigger (Date the employer receives the written request to inspect or copy personnel records): Monday, March 15, 2027.
  2. Exclude the trigger day and count 35 calendar days: Monday, April 19, 2027.

Notes

Applies only if there is a written agreement to a date beyond 30 days; otherwise personnel_file_inspection_30_days controls. The agreed date may not exceed this outer limit.

Related deadlines

All California pre-suit, housing and employment deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.