Employee Recordkeeping: What to Keep

It is important to fulfill employee recordkeeping requirements in order to avoid costly litigation due to incomplete, incorrect, sloppy, or “bias” records. Employers should retain key personnel records for the duration of an employee's employment plus additional years, depending on the law that applies. The employee records should contain thorough hiring records, employment records, and termination records.

It is important for HR professionals to understand and keep track of the many employee recordkeeping requirements. The Immigration Reform and Control Act require employers to retain Employment Eligibility forms (INS Form I-9) for three years after the worker is hired or one year after termination, whichever is later. Issues related to wage and hours should be kept at least 4 years. In addition, records required to be kept under the Employee Retirement Income Security Act (ERISA) must be retained for 6 years.

Employers should keep employee medical records, such as those related to ADA reasonable accommodation, workers' compensation, OSHA compliance, and the Family and Medical Leave Act, in a separate file and in a locked location to protect from unauthorized access.

Find out More about employee recordkeeping requirements
No matter what the HR topic - from sample forms to employee recordkeeping - you’ll find hands-on help you can count on.

The HR Library has more helpful employee recordkeeping resources like these:

Do you Have your Record-Retention Act Together?

FMLA Recordkeeping Requirements

Nix Paper: Electronic Recordkeeping