How long should personnel files be kept

These tips underscore the importance of getting rid of documents that could be a liability. Retention procedures vary; there are federal guidelines, state regulations, local statutes of limitations, and industry best practices your HR department needs to be aware of. There is a lot to keep up with when it comes to HR paperwork, and it can be difficult to stay on top of the constantly changing regulations and compliance expectations.

However, HR recordkeeping is non-negotiable—correct employee record retention is of critical importance to your organization. These recordkeeping duties require employers to create and retain certain information related to compliance with federal laws.

The below table summarizes numerous employer HR recordkeeping and retention requirements, indicating the longest retention period established by federal law. For GenesisHR clients, this is just another way we provide assistance and clarity. Personnel records are one of the most tricky and complicated aspects of HR paperwork and record-keeping, but for legal and best practice purposes, employers have good reasons to keep several personnel files.

For example, in Massachusetts , it is required by law for employers with 20 or more employees to maintain a file. I like how this article from The Balance Careers sums it up:. They support the decisions that are made about the employee and his or her career. The EEOC states that all personnel and employment records made or used including, but not limited to, requests for reasonable accommodation, application forms submitted by applicants, and records dealing with hiring, promotion, demotion, transfer, lay-off or termination, rates of pay, compensation, tenure, selection for training or apprenticeship, or other terms of employment must be preserved.

Remember that GDPR has some serious teeth, with huge fines possible for those that transgress. To keep yourself safe, put every category of employee data through this six-step procedure:. Step one — Carry out an audit. Undertake an audit of all your current record keeping to identify how your data is kept, why it is kept, for how long and the reason for that length of time. Step two — Put someone in charge. Appoint a properly trained record keeper with responsibility for this area.

Step three — Write a statement. Draw up a data protection impact statement that details risks associated with your records. This should be added to your existing business risk register. Step four — Protect your data.

Step five — Uphold individual rights. Ensure that you can access, change or delete data if asked to by an employee. Step six — Have regular clear outs. If you find that some data needs to be kept for longer than first thought, you must receive consent from all employees involved.

Another important point — especially if you are an international company — is that GDPR prohibits you from exporting data to countries outside the European Economic Area unless that country has data protection laws equal to those laid out in GDPR.

So be sure to check the regulations before moving data outside the EU. From a data storage perspective, both digital and manual records must be secure and accessible by an individual under their rights. Destruction of records, after the appropriate time has elapsed, must also happen securely. We strongly recommend that you refer directly to the Employment Practices Code issued by the Information Commissioner, about how to store records. Good record keeping is the backbone of any business.

So, you should see the necessity of preparing for GDPR as an opportunity to get your records in shape, rather than a necessary chore. If you have former employees who are eligible for COBRA , extending their health benefits, you should also keep those records for six years just to be safe.

To be on the safe side, don't throw those records out. When an employee requests FMLA , you need to keep that paper trail, even if you deny the leave for three years. Make sure that you keep track of each employee's leave - when it began and how much time is used. If the employee has intermittent FMLA, make sure you track every leave and document the number of hours used. Dates and the number of hours should be documented. Remember, intermittent leave can be used for a few hours in a day, or a few days a week.

Document it all and keep those records. Remember, this is not a comprehensive list and applies only to Federal statutes. You may be subject to additional record retention laws if, for instance, you are a Federal contractor or your state has different standards. When in doubt, don't throw it out. Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality.

Please seek legal assistance , or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance. Retention of records U. Actively scan device characteristics for identification. Use precise geolocation data.

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