How to Decide When to Keep Record in Personnel File or Store It Apart

Key Takeaways

• Education/training records must be in personnel files starting Jan 1 2026
• Medical, I‑9, and demographic data must be stored separately
• Employees can inspect performance or grievance records within 30 days
• Access limited; HR can keep broader file if confidential docs segregated
• Separate supervisor and HR files help manage sensitive information

Pulse Analysis

California’s latest personnel‑recordkeeping rule, effective Jan 1 2026, obliges employers to file education and training documentation alongside other employment records. The requirement specifies that each entry include the employee’s name, trainer or provider, dates, duration, covered competencies, and any resulting certification. This addition expands the traditional contents of a personnel file, which already houses applications, offer letters, performance evaluations, and disciplinary actions, and signals the state’s push for greater transparency in workforce development.

At the same time, California law continues to demand strict segregation of highly sensitive data. Medical records, accommodation paperwork, doctor’s notes, and I‑9 immigration forms must be stored in confidential, access‑controlled files separate from the main personnel folder. New pay‑data reporting rules also require demographic information to be kept apart. Failure to isolate these records can lead to privacy violations, civil penalties, and heightened exposure during audits. Best‑practice strategies include dedicated secure cabinets or encrypted digital repositories, role‑based permissions, and clear retention schedules.

For HR leaders, the practical response is to adopt a multi‑file system: a supervisor‑accessible file for performance and attendance data, and an HR‑only file for payroll, wage garnishments, and other protected documents. Regular audits ensure that files remain compliant and that employees’ 30‑day inspection rights can be met promptly. By aligning file structures with the new education‑record rule and existing confidentiality mandates, California employers can mitigate legal risk while maintaining efficient, audit‑ready personnel records.