What Belongs in a California Personnel File in 2026

California just expanded what counts as a personnel file. Senate Bill 513 took effect January 1, 2026, and it brings training and education records into the mix - meaning employers who maintain these records must now produce them when employees come knocking. If you're scrambling to figure out what this means for your business, you're not alone. Here's what California employers need to know about personnel file requirements in 2026 and how to stay compliant without drowning in paperwork.

What California Law Actually Requires

Under Labor Code Section 1198.5, every current and former employee has the right to inspect and receive a copy of the personnel records their employer maintains. The law has always been a bit vague about what exactly qualifies as a "personnel record," but the general rule is anything used to evaluate an employee's qualifications for promotion, additional compensation, or disciplinary action - including termination.

The tricky part? California doesn't provide an exhaustive list. Instead, employers are expected to use good judgment about what falls within that definition. Most HR professionals include documents like job applications, offer letters, performance reviews, written warnings, attendance records, and termination paperwork. If it relates to how an employee performed or any grievance they filed, it probably belongs in the file.

What changed in 2026 is that SB 513 now explicitly adds education and training records to the definition. If you maintain training documentation—whether for legally required programs like sexual harassment prevention or voluntary development initiatives—those records are now fair game for inspection requests.

Training Records Are Now Personnel Records

This is the big shift for 2026. The law requires that any education or training records you maintain must include five specific elements: the employee's name, the trainer's name, the date and duration of the training, the core competencies covered (including skills, equipment, or software used), and any resulting certification or qualification.

The change came from a real problem. After a Southern California refinery closed, workers struggled to prove their qualifications to new employers because they couldn't access documentation of the extensive training they'd received. SB 513 was designed to give employees portable proof of their skills - a reasonable goal that creates new compliance obligations for employers.

One important nuance: the law doesn't require employers to start maintaining training records if they don't already. It only requires that if you do keep these records, they must contain the specified information and be producible upon request. That said, many California employers already track training for other legal requirements (Cal/OSHA regulations, for example), so the practical impact is broad.

What Goes In and What Stays Out

Building a compliant personnel file isn't complicated, but it does require consistency. Employment documents form the foundation: signed offer letters, job descriptions, acknowledgment of company policies and employee handbooks, and any employment agreements or contracts. These establish the baseline of the employment relationship.

Performance records come next. Annual reviews, performance improvement plans, written warnings, disciplinary notices, and any documentation of commendations or achievements all belong here. If it relates to how well someone did their job, it goes in the file. Compensation records track changes over time - document pay rate changes, bonus determinations, and promotion paperwork. Training and education records are now explicitly included as of 2026. For each training session you document, include the employee's name, who conducted the training, when it happened and how long it lasted, what competencies were covered, and any certifications earned. Attendance and leave records round out the file, including documented absences, leave of absence requests and approvals, and any attendance-related counseling.

Just as important as knowing what to include is knowing what to keep separate. Medical records must be maintained in a confidential file, not the general personnel file - this includes doctor's notes, FMLA paperwork, accommodation requests, and anything related to workers' compensation claims. The Americans with Disabilities Act and various California laws require this separation. I-9 forms have their own storage requirements and should never be filed with general personnel records. Investigation records require careful handling too—if you're investigating potential misconduct, those notes typically stay out of the personnel file until (and unless) they result in documented disciplinary action. Records related to criminal investigations are explicitly excluded from the inspection rights under Section 1198.5. Background check reports, reference check notes from pre-employment, and credit reports belong in a separate confidential file.

Responding to Requests and Retention Rules

When an employee submits a written request for their personnel file, you have 30 calendar days to provide access. You can extend this to 35 days if both parties agree in writing, but that's the outer limit. Former employees can only make one request per year, which provides some protection against harassment through repeated requests.

The inspection itself must happen at reasonable times and intervals. For current employees, you can make records available at their regular workplace or wherever the files are stored (though the employee shouldn't lose pay for time spent reviewing records off-site). For former employees, you can mail copies and charge for the actual reproduction cost. You're allowed to verify the identity of anyone making a request, and if someone claims to be acting as an employee's representative, you can require written authorization. Missing the deadline isn't just an inconvenience - it's a $750 civil penalty per violation, plus the employee can seek injunctive relief and recover attorney's fees.

On the retention side, California's Government Code Section 12946 requires employers to maintain personnel records for at least four years from the date they were created or received. This was extended from the previous three-year requirement by SB 807 in 2022 to align with the longer statute of limitations for filing discrimination complaints with the Civil Rights Department.

If an employee files a complaint with the Civil Rights Department, your retention obligation extends until the complaint is fully resolved - including any appeals or related proceedings. Given that investigations can take years to conclude, some records may need to be kept significantly longer than the standard four-year period. The practical advice? Keep personnel files for at least four years after termination, and longer if there's any hint of potential litigation.

Where Scheduling Software Fits In

Modern workforce management doesn't happen in filing cabinets anymore. When your scheduling system tracks who completed which training, when they did it, and what certifications they hold, you're building the documentation SB 513 now requires - automatically, in the background, without extra administrative work.

Timewave captures training completion data with all five required elements: employee name, trainer identification, dates and duration, competencies covered, and resulting certifications. When an employee or former employee requests their training records, exporting compliant documentation takes minutes instead of hours of digging through paper files or scattered spreadsheets.

The broader point is that compliance shouldn't require heroic effort. The employers who struggle with personnel file requests are usually the ones managing employee information across disconnected systems—paper files here, spreadsheets there, training records somewhere else entirely. Centralizing workforce data in a single system designed for California compliance makes the 30-day deadline feel comfortable instead of panic-inducing.

California personnel file requirements aren't getting simpler, but they're manageable with the right systems and processes in place. The 2026 expansion to include training records is significant enough to warrant an audit of your current practices - take stock of what training documentation you maintain, ensure it includes the required elements, and confirm you can produce it within the legal timeframe. Your future self (and your employment attorney) will thank you.