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In general, employers must keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. If a claim of discrimination is filed, all relevant personnel records must be retained until final disposition of the matter.
RECORD RETENTION GUIDE
|
Timeframe |
Records to Be Kept |
Source |
| 1 year |
Advertisements Relating to Job Openings |
Age Discrimination (ADEA) American with Disabilities Act (ADA) |
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Employment records, including promotions/demotions, transfers, termination, and training |
Title VII Age Discrimination ADA |
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Job requests submitted by an employer to an employment agency |
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Pre-employment tests (aptitude, personality, etc.) |
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Records of legal actions/complaints |
Title VII Age Discrimination Rehabilitation Act ADA |
|
| 2 years |
Earnings Records including time cards, work schedules, pay rates, and the like |
Fair Labor Standards Act (FLSA) Equal Pay Act |
|
Actual wages paid and any additions/deductions |
FLSA | |
| 3 years |
Payroll Records |
FLSA Age Discrimination Equal Pay Act Title VII ADA |
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Employment contracts and agreements |
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Injuries and/or illnesses on the job |
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Leave benefits and policies Employee benefits and premiums Dates/hours used of leave Medical certifications or histories of employees or family Leave disputes |
FMLA | |
| 5 years |
Summary and details of all occupational injuries/illnesses |
OSHA |
| 6 years |
ERISA plan: employee benefit plan |
ERISA |
| 30 years after termination |
Medical exams required by law |
OSHA |
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Hazardous material exposure/monitoring |
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| Indefinite |
EEO-1 Reports: reports race, sex, and ethnic background by job category |
Title VII Executive Order 11246 ADA |
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