Personnel file: employer must make records available (and provide copy) within 30 calendar days of written request
30 days after date the employer receives the written request to inspect or copy personnel records, under Cal. Lab. Code 1198.5(b)(1) (amended by Stats. 2025, ch. 654 (SB 513), eff. Jan. 1, 2026).
Rule text
(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, 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. Upon a written request from a current or former employee, or their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request,
Calculate this deadline
- Trigger (Date the employer receives the written request to inspect or copy personnel records): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (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)).
Cal. Lab. Code 1198.5(b)(1) (amended by Stats. 2025, ch. 654 (SB 513), eff. Jan. 1, 2026)
(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, 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. Upon a written request from a current or former employee, or their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the 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
- Runs from the employer's RECEIPT of the written request (not mailing). Same 30-day limit for inspection and for copies. See personnel_file_agreed_extension_35_days for the outer limit if the parties agree in writing. Former employees: one request per year (1198.5(d)). Exclusions in 1198.5(h) (criminal investigation records, letters of reference, certain ratings; employees subject to POBR/FBOR). Weekend/holiday roll assumes CCP 12a applies; an employer wishing to avoid any dispute should comply by the unrolled date. SB 513 (eff. Jan. 1, 2026) added education/training record content requirements; day counts unchanged.
- 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 Wednesday, April 14, 2027.
- Trigger (Date the employer receives the written request to inspect or copy personnel records): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Runs from the employer's RECEIPT of the written request (not mailing). Same 30-day limit for inspection and for copies. See personnel_file_agreed_extension_35_days for the outer limit if the parties agree in writing. Former employees: one request per year (1198.5(d)). Exclusions in 1198.5(h) (criminal investigation records, letters of reference, certain ratings; employees subject to POBR/FBOR). Weekend/holiday roll assumes CCP 12a applies; an employer wishing to avoid any dispute should comply by the unrolled date. SB 513 (eff. Jan. 1, 2026) added education/training record content requirements; day counts unchanged.
Related deadlines
- FEHA employment complaint: file with the Civil Rights Department (3 years) (36 months after)
- FEHA complaint: extension to 1 year after the aggrieved person turns 18 (12 months after)
- FEHA civil action: file within 1 year of the CRD right-to-sue notice (12 months after)
- CRD 150-day mark: right-to-sue notice available on request if CRD has not sued (150 days after)
- CRD must issue right-to-sue notice no later than 1 year after complaint (12 months after)
- CRD's own civil action (individual complaint): within 1 year after complaint filed (12 months after)
- CRD's own civil action on group/class or Ralph Act complaint: within 2 years (24 months after)
- EEOC charge (Title VII): 300 days in a deferral state such as California (300 days after)
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.