How long to keep attendance records

Every employer maintains records that are at risk of theft and misuse; therefore, employers should develop processes that protect this sensitive employee information. How to Prevent Data Breaches. There are numerous federal and state laws that govern retention of employment records.

Employers must ensure that all records are maintained, either in hard copy or electronically, for the minimum period of time required. Often, employers will use a 7-year rule for purging terminated employee files as this typically covers state and federal statutes of limitations; although shorter retention periods may suffice for some records such as I-9 forms and longer periods may apply to other records such as OSHA exposure records.

SHRM has a chart on federal record retention requirements to assist in identifying statutory requirements. How long should written warnings or counseling statements stay on file? After a business closes, what do we do with company and employee records? While most record-retention requirements are dictated by federal or state statutes, there are some situations where no time period is prescribed.

This uniform law has been enacted by a number of states and provides a general guideline in others, although employers should consult with legal counsel to determine their individual compliance obligations and suggested best practices. Once an employer has fulfilled the requirements to retain employment records, an effective disposal plan must be adhered to.

Simply tossing employment records in the trash creates a significant risk of theft or misuse of employee information that may result in regulatory investigations, fines, potential civil lawsuits, bad publicity and damage to the employer's brand.

When employment records contain personally identifiable information PII such as a name, address, Social Security number, etc. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Reuse Permissions. Page Content. Overview Record-keeping requirements can be confusing given that there are numerous regulations that govern some aspect of employer record-keeping and retention. Records and Reports. You have successfully saved this page as a bookmark.

OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired. Please log in as a SHRM member. Cancel Sign In. Please purchase a SHRM membership before saving bookmarks. OK Join. An error has occurred. You also will have all the necessary information at your fingertips to make an appropriate and legally defensible decision about disciplinary action.

Your records will provide you with details if the dismissed employee files for unemployment or even sues your business for discrimination or other unfair practices. Learn More. Quick Tour. This page location is:. Sign In. Employee Legal Issues. Managing Employee Attendance. Payroll and Benefits.

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Systems Integration Services. Timekeeping System Support. Timekeeping System Implementation. Workforce Management Software. Time Clock Software Demos. Email: info acumendatasystems. The only federal provisions that extend beyond a 5 year retention requirement are: Records for pension and welfare benefit plans, which require 6 years retention following employment. Records for safety and toxic chemical exposure, which require 30 years retention following employment.

When creating your record retention policy, it is useful to categorize documentation and data retention requirements by employee status: Pre-employment: Retain records for non-hires for a minimum of 2 years.

During Employment: Retain all current employee records. Post-employment: Retain previous employee records for a minimum of 4 years. Employee Benefit Record Retention Employee time off, such as vacation time and sick time, must be carefully tracked. The Most Common Recordkeeping Requirements There are several common employee recordkeeping requirements that all businesses must comply with. Retention Requirements Retain for 3 Years: Employee information name, address, occupation, birth date if under 19, and gender.

Complete payroll records hours worked, overtime, and wage deductions. Union agreements. Written training agreements. Sales and purchase records. Certificates of age for employees under Retention Requirements Retain for 3 Years: Collective bargaining agreements; employee and payroll information. Additional Retention Requirements Retain for 2 Years: Explanation of merit or seniority systems; employee time sheets or cards. Retention Requirements Retain for 3 Years from the Date the Record is Created: Time paid for hours worked each day in a tipped position.

Time paid for hours worked each day in a non-tipped position. Tips received and accounted for or turned over to the employer in a weekly or monthly amount.

Retention Requirements Retain for 3 Years: Detailed payroll and employee data. Records of FLMA leave.