file retention

How long musy you keep pesonel files, their medical info and payroll?

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  • According to the last seminar I went to it is 7 years.
  • I have heard that there are different times for the personel records, medical and payroll. does anyone have the information on that.
  • 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.

    Hope this helps.

    James Sokolowski
    HRhero.com
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