EMPLOYEE RECORD RETENTION

Legal requirements for record keeping and retention can be confusing for employers. Many requirements depend on the federal agency, if you have a government contract or on the number of employees at the worksite. Below is a summary of record keeping requirements for basic personnel information under the federal laws.

1 yr and 15+ employees
Employment records: applications, resumes, hire, rehire, layoff terminations, promotions, name, address, social security number, compensation records, tax forms, records of hours, benefit payments, etc.

3 yrs and 20+ employees
Employment records: applications, resumes, hire, rehire, layoff terminations, promotions, name, address, social security number, compensation records, tax forms, records of hours, benefit payments, etc.

6 yrs and 20+ employees
COBRA records, payments, correspondence

3 yrs and 50+ employees, 75 mile radius
FMLA documentation including employee information, notices, record of leaves, benefit payment information

3 yrs* and 4+ employees
I-9 signed by employee and employer
*3 years from date of hire OR one year after termination, whichever is longer.

3 yrs and 11+ employees

OSHA safety and health training records

5 yrs and 11+ employees

OSHA illness and injury logs, supplemental injury and illness records

These are general guidelines for employment records. Some records are often required under more than one federal law or state law may differ than federal law and the period of retention may vary. In that case, the best practice is to retain the information for the longer period of time.