Employer required medical tests, employee access to personnel file


Wage and Hour Bulletin

September 2020

This month's bulletin contains information about two issues Labor Standards staff members have frequently received questions about in recent months.

test swab

Employers required to pay for COVID-19 test and other types of medical tests

When an employer requires an employee or applicant to undergo a medical evaluation to work, including a COVID-19 test, Minnesota law requires the employer pay the cost of the test or medical examination.

There is an exception to this requirement related to the administration of an employee's pension and disability benefit plan, citizenship papers or birth records.


Employee access to personnel records

Minnesota employers with at least one employee are required to provide employees with access to their personnel record upon written request. A current employee is entitled to review their personnel record once every six months. A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained.

A personnel record includes wage or salary history, notices of commendation (warning, discipline or termination), authorization for a deduction or withholding of pay, fringe benefit information, leave records and employment history with the employer, including salary and compensation history, job titles, dates of promotions, transfers and other changes, attendance records, performance evaluations and retirement record.

Additionally, private employers with at least 20 employees must provide written notice to newly hired employees of the rights and remedies included under Minnesota Statutes sections 181.960 through 181.965.

Worker protections video available in multiple languages

A video reviewing worker protections related to COVID-19, including workplace safety and health, sick leave, final wages and workers' compensation, is available in English, Hmong, Somali and Spanish.

Watch the video and visit dli.mn.gov/updates for more information and resources.


Labor Standards serves the citizens of Minnesota by providing
information about the state's wage, hour and employment laws.

Phone:  651-284-5075 or 800-342-5354
Email:  dli.laborstandards@state.mn.us
Website:  www.dli.mn.gov/laborlaw