Organizations are required to retain certain documentation for a specified period of time before destroying them. Check out these federal employment record-keeping requirements to ensure your organization is in compliance. (review your state-specific requirements also):
Resumes, applications, and related employment materials, including interview records and notes, for applicants not hired, will be retained for 3 years.
Resumes, applications, and related employment materials, including interview records and notes for employees will be retained for 4 years after the date of separation.
Background checks, drug test results, driving records, company employment verifications, letters of reference, and related documents will be retained for 6 years.
I-9 Forms will be retained for 3 years from the date of hire or 1 year following the separation of employment, whichever is later.
Leaves of absence, including FMLA and USERRA, and related records and accommodation requests will be retained for 4 years after separation.
If employees took FFCRA leave between April 01, 2020 – September 30, 2021, related to the COID-19 pandemic, these records will also need to be kept for 4 years, but the best practice is 7 years.
Compensation and job history records, including correspondence, policy acknowledgments, and contracts, will be retained for 4 years after separation.
Performance appraisal and disciplinary action records will be retained for 4 years after separation.
Benefit records, including COBRA records, will be retained for 6 years after the effective date of the documents, based on the information they contain.
Records relating to disputed issues (involving external agencies or parties, wage-hour investigations by DOL, EEOC charges, arbitrations, court actions, etc.) will be retained until the claim or other litigation is fully resolved and two years thereafter.
OSHA and employee safety records will be retained for 5 years after separation.
Payroll, unemployment, and timekeeping records will be retained for 7 years after separation.
Workers’ compensation claims and medical records will be retained for 30 years after the date of injury/illness.
Compliance Reports and Records:
OSHA 300/300A will be retained for 6 years after posting.
Workplace safety notices to employees will be retained for 5 years.
Benefits notices and documentation will be retained for 6 years.