Ask the Experts: Leave, Files and Retirement Age

On Jun 11, 2025

In the latest installment of New Jersey Business Magazine’s Ask the Experts column, HR professionals working with the New Jersey Business & Industry Association respond to executives’ inquiries on three interesting workplace issues:

An employee requested an unpaid leave of absence to complete their last semester of college. Do we have to approve it?

A leave of absence for educational purposes isn’t covered by the Family and Medical Leave Act, Americans with Disabilities Act, or similar state leave laws. However, check if you have a policy that offers unpaid leaves of absence.

If there is no policy and you nevertheless wish to approve the leave request, it’s important to consider the precedent you’re setting. Would you be willing to offer similar unpaid time off to other employees in the future? If not, you’ll want to be clear about why this situation is an exception.

You’ll also need to consider whether seniority and other benefits will continue to accrue while the employee is on leave.

It’s also important to think through how the employee’s work will be covered during the leave of absence. For example, decide if you’ll distribute tasks among other employees or hire a temporary or contract worker for the duration of the employee’s leave.

Having said that, there can be upsides to granting the leave of absence. Offering leave or flexibility in situations like this can show support for your employees, which may improve morale, retention, and engagement.

Who should have access to employee files?

Whoever does HR in your organization will obviously need access since they’re responsible for updating employee information and making sure everything is compliant with employment laws. Many states also grant employees the right to view their own personnel files. Other roles in your organization may need access from time to time, but that access should be limited to the following:

• Managers might need to look at things like performance reviews, disciplinary actions, or salary history.
• Payroll and benefits administrators will need access to pay and benefit information to handle pay, taxes, and benefits enrollment.
• Legal counsel may need access in the event of legal disputes, compliance audits, or investigations.

No one else should have access to or be able to look at employee files. And even for those who do have access, they should only be reviewing the files, or parts of the file, they need to see. Having separate files for certain sensitive information (like medical documentation and I-9s) will help ensure that a manager reviewing a personnel file for performance review scores doesn’t stumble into information about an employee’s disability or other protected characteristics.

Make sure personnel files are stored securely – use locked cabinets for paper files and restrict access for electronic ones. 

Can we have a mandatory retirement age?

With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for employees over a certain age as long as these programs are truly voluntary.

To access more business news, visit NJB News Now.

Related Articles: