Employee record retention

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Employee files are a depository of many different documents, each with specific information, required by certain laws, and with different retention periods.

Scope

Companies are required to maintain certain employee records for an established time period.

Regulatory citations

None

Key definitions

None

Summary of requirements

To help you see what should be in an employee file (and what should not), we’ve created this reference chart. The list is not all inclusive, but represents some of the more common file documents required by federal laws. The retention periods listed are the minimum. Many employers retain them for longer periods. The personnel file is the place where many records are customarily kept.

Record	Retention	Location	Law	Regulation	Other
Job applications, resumes	One year	Personnel file	Title VII, ADA	29 CFR 1602.14	If SSN is included, keep it secure
Medical info (for example, requests for accommodation, injury/illness reports)	One year (ADA), duration of employment +30 years (OSHA), six years (HIPAA)	Separate from personnel file	ADA/OSHA/ HIPAA	29 CFR 1630.14, 29 CFR 1910.1020, 45 CFR 164 Subpart E	Must remain confidential and secure
Family & medical leave (such as medical certifications)	Three years	Separate confidential file for medical info such as medical certifications. Info such as amounts of leave taken may be kept in personnel file.	FMLA	29 CFR 825.500	Medical information must be kept separate and confidential
Time sheets	Two years	Personnel file	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-9s	Three years after hire or one year after termination, whichever is longer	None prescribed	INA	8 CFR 274a.2	Good idea to keep in a separate file
W-4s (copies) or other tax records	Four years	Personnel file	FICA, FUTA	26 CFR 1	If SSN is included, keep it secure
Records of employment actions such as hires, promotions, terminations, etc.	One year from the date of the action	Personnel file	Title VII, ADA, ADEA, PDA	29 CFR 1602.14	If a legal action occurs, keep records for duration of the action
Health and welfare plan documents (for example, SPDs and SMMs)	Six years	Separate from personnel file if medical information is included	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

['Recordkeeping']

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