Dealing with personnel files can be a daunting, yet rewarding task. Having all documents together in the event of an audit or worse, a lawsuit, could save your company costly fines and mounds of legal trouble down the road. This chart will offer a brief explanation of what items need to be kept and for how long.*
|
Type of Record |
Documents |
Retention Time |
|
Personnel Records |
Job Advertisements, applications, resumes, interview notes, ADA requests, hiring records, promotions, demotions, transfers, compensation, separations, etc. |
1 year from the date action occurred |
|
Drug Tests |
Pre-employment, random checks |
1 year or 5 years if subject to the Department of Transportation |
|
Payroll Records |
ADEA, FLSA, hours worked, wages paid, pay periods, etc. |
3 years minimum, recommended 5 years |
|
USCIS |
Form I-9 signed by employee and employer |
Retain for length of employment. Upon termination, retain for 3 years after hire date or 1 year after termination (whichever is later) |
|
ERISA |
Summary plan descriptions, annual reports, plan terminations, etc. |
Minimum of 6 years or as long as the documents are relevant |
|
FMLA/LOA’s |
Requests, dates and time used, copies of employee notices |
3 years |
|
COBRA |
Proof of initial and notices to continue group health coverage upon certain conditions |
3 years following event |
|
Workers Compensation |
Injury details, medical exams, return to work statuses, accommodation information |
30 years |
|
FICA, FUTA, Federal Withholding |
Records with employee names, compensation and tax information |
4 years after date tax is paid |
|
Training material, handbooks, policies |
Presentations, notice of changes, etc. |
6 years beyond period in use |
*For informational purposes only and not for the purpose of providing legal advice. This is not an all-inclusive list. For more details please visit https://www.mncpa.org/publications/footnote/2013-06/employee-record-and-retention.aspx
Since rules and regulations vary from federal to state, it is recommended to keep documents for the maximum amount of time. When the time is right for purging, please shred documents and do not discard in the trash.