HR Document Retention: How Long Should You Keep Employee Records?

HR professionals are responsible for maintaining accurate and legally compliant records, ensuring that they meet federal, state, and industry-specific requirements. Failing to retain documents for the proper amount of time can lead to legal liability, fines, and compliance violations.

To help you stay compliant, here’s an updated detailed breakdown of HR document retention requirements:

HR Document Retention Guidelines (Federal Requirements)

1. Payroll & Wage Records – 3 Years

• Employers must retain payroll records, wage rates, overtime pay, and work schedules for at least 3 years per the Fair Labor Standards Act (FLSA).

2. Timecards & Attendance Records – 2 Years

• Under FLSA, records of hours worked, leave taken, and time-off requests must be kept for at least 2 years.

3. Personnel Files – 3 to 7 Years After Termination

• General employee personnel records, including performance reviews, promotions, and disciplinary actions, should be retained for 3 to 7 years after termination, depending on state laws.

4. I-9 Employment Eligibility Verification – 3 Years or 1 Year After Termination

• Employers must keep Form I-9 records for 3 years after the date of hire or 1 year after termination, whichever is later, per U.S. Citizenship and Immigration Services (USCIS) requirements.

5. ADA (Americans with Disabilities Act) Records – 1 Year

• Under the ADA, employers must keep records related to reasonable accommodation requests and medical documentation for at least 1 year after the record is created or the personnel action is taken, whichever is later.

6 ADEA (Age Discrimination in Employment Act) Records – 3 Years

• Employers must retain hiring records, promotions, terminations, and layoffs for at least 3 years to comply with the Age Discrimination in Employment Act (ADEA).
• Employee benefits and retirement plans must be kept for 1 year after termination.

7. Benefit & Retirement Plan Records – 6 Years

• ERISA (Employee Retirement Income Security Act) requires benefits and pension records (401(k) plans, COBRA documentation, enrollment forms) to be retained for at least 6 years.

 8. FMLA (Family and Medical Leave Act) & Leave Records – 3 Years

• Employers must maintain leave requests, approvals, and medical certifications related to FMLA-covered absences for at least 3 years.

 9. Hiring & Recruitment Records – 1 Year

• Applications, résumés, interview notes, and job postings must be kept for at least 1 year under Equal Employment Opportunity Commission (EEOC) requirements.

10. Drug & Alcohol Test Records (DOT-Regulated) – 5 Years

• If you are in a DOT-regulated industry, drug and alcohol test results must be retained for 5 years to comply with Department of Transportation (DOT) regulations.

 11. OSHA & Workplace Safety Records – 5 Years

• OSHA 300 logs (workplace injury and illness records) must be retained for 5 years.

 12. Employee Medical & Exposure Records – 30 Years

• OSHA requires medical and exposure records related to toxic substances or harmful agents to be kept for the duration of employment plus 30 years.

 13. EEOC Discrimination Claims & Complaints – 1 Year

• Employee discrimination claims filed under Title VII, ADA, and ADEA must be retained for at least 1 year.
• If an employee files a charge with the EEOC, records must be kept until the case is resolved, even if it takes longer than 1 year.

14. Tax & Payroll Documents – 4 Years

• The IRS requires employers to retain employment tax records, W-2s, and payroll tax filings for at least 4 years.

15. Separation & Termination Records – 1 to 3 Years

• Employers should retain termination records, exit interviews, and severance agreements for at least 1 year (EEOC requirement).
• Under the ADEA, records related to layoffs or terminations of employees 40 years or older must be kept for 3 years.

16. Whistleblower & Retaliation Complaints – 3 Years

• Any records involving whistleblower complaints, workplace retaliation cases, or legal proceedings should be kept for at least 3 years after the resolution of the case.

17. State-Specific Record Retention

• Some states have additional retention requirements beyond federal guidelines. Always check local labor laws to ensure compliance.

Keeping track of HR document retention laws is critical for compliance, avoiding legal risks, and maintaining accurate records. I encourage my LinkedIn connections to read, share, and discuss this important topic so we can all stay informed and avoid costly mistakes! 

Elga Lejarza

HRTrainingClasses.com

HRDevelop.com

Lejarza HR Consulting