Employee Records: What to Keep and for How Long

Hiring Records

What to keep:

• Resumes
• Job applications
• Hiring tests

How long:

• 1 year for solicited resumes (no requirement for unsolicited resumes)
• 1 year for job applications (including those for seasonal and temporary workers)
• 1 year for hiring tests

Time and Pay Records

What to keep:

• Payroll documentation, including wage and promotion information and timekeeping records
  W-4s

How long:

• 3 years under the Age Discrimination in Employment Act (ADEA) and Fair Labor Standards Act (FLSA) — or 4 years under the Federal Insurance Contributions Act (FICA) — for most payroll documentation
• 4 years after taxes due or paid for W-4s

Medical/Benefits Records

What to keep:

• Physical exam results
• Drug test results
• Benefit plans
• FMLA documentation
• Request for reasonable accommodation

How long:

• 1 year after action taken for physical exams
• Most recent year report on file for drug tests
• 1 year after termination of plan for benefits
• 3 years after leave ends for FMLA documentation
• 1 year after action taken or document created, whichever is later, for reasonable accommodation requests

I-9/Employment Verification Records

What to keep:

• Form I-9
• Copies of acceptable verification documents (if kept for every employee consistently)

How long:

• 3 years from the date of hire or 1 year after termination (whichever is later)

Performance Reviews and Discipline/Termination Records

What to keep:

• Performance reviews
• Termination records

How long:

• 2 years for performance reviews
• 1 year from termination date for termination records

Get More Guidance

For more information on the specific types of records you should maintain — along with retention timeframes — download the ComplyRight tipsheet, Employee Record Retention Guidelines for Employers and Managers.