Employee Records

jhall

I have been out of the Human Resource field for 2 years and know that many laws have changed regarding employee record retension and the seperation of "private" information from the general hire dates, vacations taken, disipline actions etc., can anyone help refresh these laws for me??

1. How long must terminated employee files be retained???

2. What employee records must be kept in seperate files??

3. How long must job applications be retained for those NOT Hired??

Thanks,

Jerri

Helena

Jerri:

1. Terminated files - 1 year after record made or 1 year after
action taken, whichever is later.

2. Separate File - Medical Records including Family and Medical
leave request forms, if any employee voluntarily discloses
the natur4e of his/her illness on such form. - Return to
work releases - Workers' compensation records -Information
about disabilities being accommodated under the American
with Disabilities Act and any other records that relate in
any way to an employee's medical history. - EEO
Classification Information - Employment Eligibility
Verifications (I-9 Forms)

3. Applications - 1 year (including seasonal and temporary
workers).

Helena

Don D

My research indicates that terminated employee files should be kept a minimum of 3 years. ADEA for example, requires that "Payroll and OTHER records containing employee name, address, dob, occupation, pay rates and compensation earned must be retained for three years after termination". Also watch for OSHA and Bloodborne Pathogens Standards requirements that might extend the requirement to as long as 30 years (thirty).

jhall

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Thanks so much for the help and answer, I was pretty sure it was three years, but conflicting imput by different people said 7 - just want to verify.

Thanks again

Jerri

Don D

Your Controller is probably just suggesting a conservative approach. Because of the 'sandbox' in which he resides (and we all reside in one), he's probably thinking about ERISA records having to be kept a minimum of 6 years, Unemployment Tax Act (FUTA) records being kept for 5, IRS records for 4 and certain payment reports and vouchers being kept for 5. Depending on your 'record destruction' logistics and timing at the company, it can be a real hair-puller and I could see where a company would just chunk it all and opt for 7-year retention of everything.

jhall

The 7 year policy is probably the safest and surest way of complying with the various retension laws, and maintaining a "secure - litter free" sandbox.
Thanks so much for your input.

Jerri

Don D

It's sort of a 'damned if you do...' situation. The only reason that I know of to file things and keep them around is so that they can be retrieved. Otherwise they have no purpose. A common thought (and reality) is that you can't produce what you don't have. And, when you get EEOC charges, as you know, they will ask you not only for information covering what they define as the 'relevant period', they will also ask you for historical documentation on such things as terminations, discipline and demographics. It is real comforting to be able to tell them you don't have it back that far, or that you only keep such records for X number of years. It is painful, time wasting and typically useless to pour through your archives of 6-7 years worth of boxes just to satisfy EEOC. And, on occasion, it's a real torpedo for the company. You might want to convince your people that it is indeed wise to retain HR records no longer than absolutely required by law. Accounting mentalities might not understand this; but, your attorney certainly will. x:-)

jhall

Your reply makes perfect sense and I think you for your imput.

Jerri

amyHR

Hi - when I replaced the former HR Director, she told me medical files needed to be kept for 30 years. Our "medical files" meant all employee benefit and pension related paperwork, FMLA paperwork and LOA for medical reason paperwork, and employment physicals, drug tests, Tuberculosis records, Hepatitis B series of injections or declination forms, etc.
What exactly needs to be kept to comply with the OSHA 30-year requirement? I've read the guidelines and still am not clear.

Gillian

California regulations are different. Files of terminated employees and those of applicants not hired must be kept for two years. The advice about longer for terminated employees is good advice because they are sometimes needed for some sort of litigation. We keep ours for five years then purge them. The question about what goes in employee files is not so much a legal question but a good sense one and opinions vary. Medical files, I-9's, files about some sort of investigation, garnishments are all candidates for other files, but so are others.

Don D

It indeed seems odd that California law could supercede federal law on record retention. I would have thought state law would not rule unless it required a 'longer' retention, not shorter.

njjel

I thought for sure I'd see posted somewhere a web site that would give us a chart on retention of personnel records and other forms. Does anyone know of it?

Crout

Yes. SHRM has an excellent chart/article that covers every Federal regulation. However, access is restricated to members only. njjel, you're in Jersey, right? If you can't get access to the SHRM site, send me your fax number and I'll fax you my copy.

njjel

Thanks. Yes, fortunately, I am a SHRM member!

System

Try here for federal recordkeeping requirements:

When can you clean house?
[url]http://www.hrhero.com/headlines/011601/records.shtml[/url]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Gillian

You are correct. California regs require longer retention in certain areas, such as terminated employee files and applicant files. All of this stuff is three years. The federal requirement is less. There could be material in the employee files which have a longer retention period, but the employment applications, resume's etc. are three years.

cebudragonlady

Gillian-
California is indeed a different Animal. We normally dispose of records 5 years after terminations. Last week, I got a call from the Public Defenders Office re a former employee who had left way back in 1990 - over 12 years ago, asking for the personnel file.Why anyone would think files would be kept that long? We searched anyways, just to be sure - and could not find any records from that far back.

Chari