Right to Obtain Training Records  (SB513)

Effective January 1, 2026

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Introduction

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In late 2025, California continued its trend of strengthening employee rights with the passage of Senate Bill 513 (SB 513), a measure focused on increasing transparency in employment records. Sponsored by Senator María Elena Durazo, the bill was signed into law by Governor Gavin Newsom on October 11, 2025, and took effect on January 1, 2026. The legislation amends Labor Code Section 1198.5, which already grants current and former employees (or their authorized representatives) the right to inspect and obtain copies of personnel records related to their job performance or any grievances.

 

Key Change: Inclusion of Education and Training Records.

Prior to SB 513, the law covered records such as performance evaluations, disciplinary actions, attendance logs, and grievance files—but it did not explicitly address education or training documentation. The new law clarifies that "personnel records relating to the employee’s performance" now include any education or training records the employer maintains. This applies to both mandatory trainings (e.g., harassment prevention or safety compliance) and voluntary or job-specific programs (e.g., software skills workshops or leadership development courses).

 

Importantly, SB 513 does not require employers to create or maintain training records if they do not already do so. However, if an employer keeps such records—even informally—they must now treat them as part of the personnel file and make them available upon request.

 

Required Content in Education and Training Records

To promote consistency and completeness, the bill mandates that any maintained education or training records include the following specific information:

• The name of the employee

• The name of the training provider

• The date and duration of the training

• The core competencies covered (including any skills related to equipment, software, or other tools)

• The resulting certification, qualification, or outcome (if applicable)

 

This requirement helps ensure records are detailed enough to be meaningful when reviewed by the employee or used in disputes, promotions, or legal matters.

 

Access Procedures Remain Largely Unchanged

The bill preserves existing timelines and processes under Labor Code Section 1198.5:

• Employees must submit a written request (or use an employer-provided form) to inspect or receive copies.

• Employers must provide access at reasonable times and intervals, no later than 30 calendar days after receiving the request (extendable to 35 days by mutual written agreement).

• Records must generally be made available at the workplace, though former employees can request mailed copies (with reimbursement for postage).

• Employers must retain these expanded personnel records for at least three years after an employee's termination.

 

Violations—such as failing to provide records in a timely manner—can result in penalties of up to $750 per violation, plus potential injunctive relief and attorney fees for the employee.

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​​​​​For more information, contact us:
 

Email: paul@amanteHR.com

Tel.: (714) 309-9677

 

This article is for informational purposes only. It is not intended to be, nor shall it be construed as legal advice or guidance.

Consult with a professional for appropriate advice and guidance.