Wednesday, December 14, 2011

File Retention Requirements


It's the end of the year. If you're like me, we have the "out with the old and in with the new" mentality. Unfortunately for both HR and Payroll professionals alike, there is documentation that has specific retention periods mandated by law. If you don't remember, here's a bit of a refresher for you:

• Hiring. Under Title VII, job applications and resumes must be kept for one year from the date of submission, and pre-employment tests must be kept for one year from the date of the test. The Immigration Reform and Control Act requires Form I-9 to be retained for three years from the date of hire or one year after termination, whichever is later.

• Termination. Documents related to layoff, recall, and reduction-in-force must be kept for one year from the date of the action as per Title VII.

• Promotion and demotion. Title VII also stipulates that records of promotions and demotions must be kept for one year from the date of the action.

• Work hours. Under the Fair Labor Standards Act, time sheets or time cards must be kept for two years after the record is made.

• Leave. Under the Family and Medical Leave Act, records of the dates of leave taken under the Act must be kept for three years.

• Accommodation. Requests for reasonable religious accommodation must be kept for one year after the record is made as per Title VII. Under the Americans with Disabilities Act, requests for disability-related reasonable accommodation must also be kept for one year after the record is made.

• Training. Under Title VII, documents related to the selection of employees for training opportunities must be kept for one year.

Happy Holidays!

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