Recordkeeping and Metrics

Purpose of Process:

To comply with records retention laws.

Recommended Steps in the Process:

1. Keep employment applications and resumes of employees not hired for at least one year after the application date.
   
   
2. Review the Personnel File process for a list of information that is contained in Personnel files.
   
   
3. Maintain all Personnel file information while the employee maintains active employment status with the company. One possible exception is documents related to disciplinary action if an agreement is made to remove those materials after a certain time period (see the Disciplinary process).
   
   
4. Several laws contain either explicit or implicit recordkeeping requirements. These laws include:
   • The Americans with Disabilities Act (ADA),
   • Age Discrimination in Employment Act (ADEA),
   • The Equal Pay Act,
   • Executive Order 11246,
   • The Family and Medical Leave Act (FMLA),
   • The Fair Labor Standards Act (FLSA),
   • The Rehabilitation Act,
   • Title VII of the Civil Rights Act of 1964,
   • Immigration Reform and Control Act (IRCA),
   • Occupational Safety and Health Act (OSHA),
   • The Employee Retirement Income Security Act (ERISA), and
   • The Vietnam Era Veterans' Readjustment Assistance Act of 1974.

The list below includes various types of records, the length of time those records must be retained, and the law requiring the records retention. In many cases, several laws require that a particular record must be maintained. In those cases, the law with the longest recordkeeping requirement is listed.

Type of Record	Length of Retention	Applicable Law
Job opening submitted to a state agency	one year	ADEA
Job advertisements and internal job postings	one year	ADEA, FLSA and ADA
Employment applications of hired employees	three years	FLSA
Biographical data (name, address, birth date, sex, etc.)	three years	FLSA and FMLA
Applicant tracking information	one year*	ADA, ADEA, and Civil Rights Act
Apprenticeship records	latter of two years or the duration of the program	Title VII of the Civil Rights Act of 1964
Medical records	one year**	ADA, ADEA, and Civil Rights Act
Offer and hire records	one year*	ADA, EO 11246, Civil Rights Act, Veteran's Act
Promotions, demotions, and transfers	one year*	ADA, ADEA, and Civil Rights Act
Qualified plan (welfare or retirement) records	six years	ERISA
Reduction in headcount (Layoffs)	one year	ADA, ADEA, and Civil Rights Act
Payroll records	three years	ADEA, Equal Pay Act, FMLA, and FLSA
Time cards	three years	ADEA and FLSA
INS Form I9	latter of three years after hire or one year after termination	IRCA
Employment contracts	three years	Equal Pay Act and FLSA
Employee pay and benefit plans	three years	FMLA
Family leave of absences	three years	FMLA
Records and logs of occupational injuries	five years	OSHA
Employee exposure to toxic substances	30 years after termination	OSHA
Employee terminations	one year	ADA, ADEA, EO 11246, and Civil Rights Act
Record of employee disputes	three years	FMLA
Discrimination charges and related records	latter of one year after employee terminates or when the charge is resolved	Title VII of the Civil Rights Act of 1964 and ADEA***
EEO-1 and Vets-100 reports	one year	ADA, EO 11246, Civil Rights Act, Veteran's Act
Collective Bargaining Agreements	three years	Equal Pay Act

*If, while completing the Affirmative Action Plan, an "adverse impact" is discovered, then the records must be maintained until two years after the adverse impact is eliminated.

**Medical records related to a leave granted under the Family and Medical Leave Act (FMLA) must be maintained for three years.

***ADEA records should be kept for at least seven years after resolution of litigation because they might be useful in future cases.

Note: Any records that are a part of a lawsuit must be retained at least until the lawsuit is resolved.

Process Tips:

It's generally safe to destroy personnel files 10 years after the employee terminates.