InstituteRecordkeepingRecordkeepingHR GeneralistUSAEnglishAnalysisFocus AreaCompliance and Exceptions (Level 2)Human Resources
Personnel files
['Recordkeeping']
- Federal law requires employers to retain some employee/personnel files for a set period of time.
Employee/personnel files are a depository of many different documents, each with specific information, required by certain laws, and with different retention periods. The personnel file is the place where many records are customarily kept.
To see what should be in an employee file (and what should not), refer to the following table. The list is not all inclusive, but represents some of the more common documents required by federal laws. The retention periods listed are the minimum. Many employers retain documents for longer periods.
| Record | Retention | Location | Law | Regulation | Other |
|---|---|---|---|---|---|
| Job applications, resumes | One year | Personnel file | Title VII of the Civil Rights Act (Title VII), Americans with Disabilities Act (ADA) | 29 CFR 1602.14 | If SSN is included, keep it secure |
| Medical information (i.e., accommodation requests, injury reports) | One year (ADA), duration of employment +30 years (OSHA), six years (HIPAA) | Separate from personnel file | ADA, Occupational Safety and Health Act (OSHA), Health Insurance Portability and Accountability Act (HIPAA) | 29 CFR 1630.14, 1910.1020; 45 CFR Part 164, Subpart E | Must remain confidential and secure |
| Family & medical leave (such as medical certifications) | Three years | Separate confidential file for medical info (amount of leave taken can be in personnel file) | Family and Medical Leave Act (FMLA) | 29 CFR 825.500 | Medical information must be kept separate and confidential |
| Time sheets | Two years | Personnel file | Fair Labor Standards Act (FLSA) | 29 CFR 516.6 | Keep safe and accessible |
| Payroll records | Three years | Personnel file | FLSA | 29 CFR 516.5 | Keep safe and accessible |
| I-9 Forms | Three years after hire or one year after termination, whichever is later | None prescribed | Immigration and Nationality Act (INA) | 8 CFR 274a.2 | Good idea to keep in a separate file |
| W-4s (copies) or other tax records | Four years | Personnel file | Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA) | 26 CFR Part 1 | If SSN is included, keep it secure |
| Records of employment actions (hires, promotion, termination, etc.) | One year from the date of the action | Personnel file | Title VII, ADA, Age Discrimination in Employment Act (ADEA), Pregnancy Discrimination Act (PDA) | 29 CFR 1602.14 | If a legal action occurs, keep records for the duration of the action |
| Health and welfare plan documents (i.e., SPDs and SMMs) | Six years | Separate from personnel file if medical information is included | Employee Retirement Income Security Act (ERISA), HIPAA | For ERISA, see 107 of the law; 45 CFR 164.530 | For Form 5500, that’s six years after filing, for a total of eight years |