Here's some stuff I wrote for the book HR Quick List, which has a section called "You want to clean up personnel files." [url]www.HRhero.com/hrquicklist.shtml[/url]
❖ General HR documents — Many types of personnel records must be kept for one year (ADEA, ADA, Title VII, and Rehabilitation Act). These are records relating to: ➣ hiring, such as job advertisements, applications, resumes, and records of employer-administered tests; ➣ promotions, demotions, and transfers; ➣ selection for layoff, recall, and discharge; and ➣ notices to employees about openings, promotions, training programs, or overtime.
❖ Terminated employees — For employees who are fired or laid off, you must keep their personnel files for one year after termination (Title VII, 29 C.F.R. § 1602.14).
✔ Retaining specific documents — Various laws tell you how long to keep certain documents: ❖ I-9 forms — three years from the date of hire or one year after termination, whichever is later (Immigration Reform and Control Act). ❖ ADA records — documents relating to requests for reasonable accommodation: two years. ❖ FMLA records — including requests, leave taken, and notices given to or received from the employee: three years. ❖ EEO-1 reports — the annual tally of employees’ race, ethnicity, and gender for private-sector employers with at least 100 employees and many government contractors: you must keep the most recent report. ❖ Payroll records — including name, address, date of birth, occupation, and rate of pay: three years (Fair Labor Standards Act, Age Discrimination in Employment Act, Equal Pay Act). ➣ Timecards — along with schedules and other documents used to determine wages: two years (FLSA, Equal Pay Act). ❖ Employment contracts — individual contracts as well as collective bargaining agreements: three years after the contract expires (FLSA, 29 C.F.R. 516.5). ❖ Seniority or merit system documents — as long as the system is in effect plus one year (ADEA). ❖ OSHA Forms — Log and Summary of Occupational Injuries and Illnesses: five years (OSH Act). ❖ Employee benefit plans — as long as the plan is in effect plus one year (ADEA). ❖ ERISA records — supporting documents of a plan or report: six years. Employee records relevant to benefits: keep for the duration of her participation in the plan. ❖ COBRA records — six years.
Comments
[url]www.HRhero.com/hrquicklist.shtml[/url]
❖ General HR documents — Many types of personnel records must be
kept for one year (ADEA, ADA, Title VII, and Rehabilitation Act). These
are records relating to:
➣ hiring, such as job advertisements, applications, resumes, and records
of employer-administered tests;
➣ promotions, demotions, and transfers;
➣ selection for layoff, recall, and discharge; and
➣ notices to employees about openings, promotions, training programs,
or overtime.
❖ Terminated employees — For employees who are fired or laid off, you
must keep their personnel files for one year after termination (Title VII,
29 C.F.R. § 1602.14).
✔ Retaining specific documents — Various laws
tell you how long to keep certain documents:
❖ I-9 forms — three years from the date
of hire or one year after termination,
whichever is later (Immigration Reform and
Control Act).
❖ ADA records — documents relating to
requests for reasonable accommodation:
two years.
❖ FMLA records — including requests,
leave taken, and notices given to or
received from the employee: three years.
❖ EEO-1 reports — the annual tally of
employees’ race, ethnicity, and gender for
private-sector employers with at least 100
employees and many government
contractors: you must keep the most recent
report.
❖ Payroll records — including name,
address, date of birth, occupation, and
rate of pay: three years (Fair Labor
Standards Act, Age Discrimination in
Employment Act, Equal Pay Act).
➣ Timecards — along with schedules
and other documents used to
determine wages: two years (FLSA,
Equal Pay Act).
❖ Employment contracts — individual
contracts as well as collective bargaining
agreements: three years after the
contract expires (FLSA, 29 C.F.R. 516.5).
❖ Seniority or merit system documents — as long as the system is in
effect plus one year (ADEA).
❖ OSHA Forms — Log and Summary of Occupational Injuries and
Illnesses: five years (OSH Act).
❖ Employee benefit plans — as long as the plan is in effect plus one
year (ADEA).
❖ ERISA records — supporting documents of a plan or report: six years.
Employee records relevant to benefits: keep for the duration of her
participation in the plan.
❖ COBRA records — six years.
Hope this helps.
James Sokolowski
HRhero.com