"Out with the old, in with the new!" chant managers as they dispose of documents that have accumulated in their office throughout the year. But, in your quest to keep a clean, organized desk, you might run the risk of getting rid of documents you must keep under the law.
To help you with your documentation efforts, we're sharing these record-keeping guidelines with you. Here are some of the documents you should probably retain and a handy list of required document retention periods for the ones you're most likely to reference.
Proper record-keeping isn't just good business, it's a legal must. Now there's an easy way to keep up with federal and state laws: the Employer's Guide to Record-Keeping Requirements.
To Keep or Not to Keep
Generally speaking, managers are not responsible for maintaining personnel files, but a majority of the documents that go into those files originate from their offices. Make sure your supervisors know to check with your HR department before they pitch anything related to:
- hiring and termination
- performance
- promotions and demotions
- discipline
- work hours
- leave requests
- accommodation requests
- selection for training opportunities
- safety and health
This doesn't just include paper documents. It includes electronic ones, as well. Employees, especially those with email access during the workday, might be more inclined to email their manager and ask, say, if it's okay to take a day off for a doctor's appointment than they are to put the request on paper or to walk down the hall to ask in person. While the request might not seem retention-worthy to your managers, it's best that they let HR make the call, since your department might be aware of extenuating circumstances that they're not.
How do you keep all those records secure and private? Are the rules different for paper and electronic records? How long must you keep records? When is it preferable to get rid of them? Do the rules change if litigation is underway or on the horizon? We've rounded up the state and federal requirements you most need to know, along with helpful analysis and guidance.
Record-Retention Requirements
An effective document management system depends on knowing not only what to get rid of, but also when it's permissible to get rid of the document. Besides the fact that records take up space and administrative effort, the more you keep, the more likely it is that sensitive information could fall into the wrong hands. By purging old records, you can reduce the risk of superfluous or obsolete records being seen in the wrong light and used against you. But getting rid of records too soon could land you in legal hot water. Federal or state statutes typically dictate record-retention requirements.
Important: While you might not be tasked with personally retaining all of the documents listed below, it doesn't hurt to know the required retention periods of those documents you may reference.
- Accommodation requests: one year after record is made.
- Applications for employment: one year from date of submission.
- Basic employee information: four years after record is made.
- Basic payroll information: three years after record is made.
- Dates Family and Medical Leave Act (FMLA) leave is taken: three years from end of leave.
- Demotion records: one year from date of action.
- Form I-9: three years from date of hire or one year after termination, whichever is later.
- Job advertisements: one year after record is made.
- Job descriptions: two years after record is made.
- Job evaluations: two years after record is made.
- Layoff, reduction-in-force, recall records: one year from time of request.
- Merit, incentive, seniority system records: two years from the date record is made.
- OSHA Forms 300, 300A, 301: five years following the end of calendar year records cover.
- Pre-employment tests: one year from date of test.
- Promotion records: one year from date of action.
- Records relating to discrimination charges: until final disposition of charges.
- References: one year after record is made.
- Résumés: one year after submission.
- Termination records: one year after termination.
- Time cards/sheets: two years after record is made.
- Transfer records: one year from date of action.
Proper record-keeping is the law. Non-compliance can lead to a hefty fine. Worse, it could mean defeat in the case of a legal dispute. And if your records are improper or incomplete, or your system is iffy, you look guilty.
Why risk it? The Employer's Guide to Record-Keeping Requirements shows you how to do records right. This CD — which contains the equivalent of 600 printed pages — shows you the nuts and bolts of record-keeping … federal requirements by subject, act and law … state record-keeping and posting requirements … and tips for preventing identity theft.
With this CD, you'll be able to: - Search for record-keeping requirements by function (hiring, termination, benefits, etc.) or by digging deep into a specific law
Set up an effective record-retention system- Know what to do when federal and state regulations overlap or contradict each other
- Take the right steps to keep private files private
- Know when and where you must post information for employees to see
- Know which personnel files an employee is entitled to see, how often, and if the employee can make copies.
The Employer's Guide to Record-Keeping Requirements is a must-have resource to lower the risk of liability for your company. Get your copy today!
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