As a business grows, the amount of employee-related paperwork grows right along with it. Records for current employees, former employees, and job applicants build up over time, which can be difficult to stay on top of without the right processes in place.
It’s the HR department’s responsibility to store these records securely and keep them for the legally required amount of time. Unfortunately, different types of HR documents have different retention rules, which makes managing them a bit more complicated than other kinds of business records.
It can be tempting to keep everything forever, but holding onto records longer than necessary comes with its own risks. It can increase the likelihood of data breaches and make it harder to stay organized as files continue to accumulate. By implementing and closely following strict retention policies, HR teams can reduce that risk and ensure records are only kept as long as legally required.
In this guide, we will outline HR record retention requirements and share best practices that make it easier to manage employee files with confidence.
Jump to Document Retention Periods
Note: We have updated this article to improve readability and to provide the most current information about HR records retention. As changes in requirements occur, we will continue to revise this article.
Why Record Retention Is Important In HR
Record retention helps HR stay prepared when documentation is needed unexpectedly, whether it’s a question about a past employee, a payroll issue, a hiring dispute, or a request for records. These situations can be stressful when records aren’t being kept with intention.
Retention also plays an important role in reducing legal risk for the business. Employee records often contain sensitive personal information, and keeping more of that information than necessary means more data that has to be protected and managed.
On a day-to-day level, retention supports better organization and easier access. Instead of outdated records piling up and making it harder to find what matters, HR teams can keep only relevant documents on file, making it easier to locate and retrieve information when time-sensitive requests come up. That consistency makes HR record management less stressful and more dependable.
2026 HR Retention Requirements
Below are general guidelines for how long to retain common HR records. Keep in mind that these recommendations may vary depending on your industry, workforce size, and other factors.
Form I-9
Employee I-9 Forms and supporting documents are used to confirm the identity and employment authorization for individuals hired in the U.S. Employers are required to store all employee I-9 forms for three years after the employee was hired, and up to one full year after employment has ended, whichever date is later.
Recruitment and Hiring Records
The U.S. Equal Employment Opportunity Commission (EEOC) requires employers to keep personnel and hiring records for at least one year. If an employee is involuntarily terminated, the records related to that employee must be kept for one year from the date of termination. For educational institutions and state and local government employers, the retention period is generally extended to two years.
These records can include job applications, interview notes, hiring and onboarding documents, compensation and pay rate information, promotion or demotion documentation, and records related to termination.
Payroll Records
Under federal recordkeeping requirements, employers must retain payroll records for at least three years.
Employers must also keep records that support how wages were determined for at least two years. This includes time cards, wage rate tables, job evaluations, work schedules, collective bargaining agreements, and other documentation used to explain pay differences.
Tax Records
The IRS requires employers to keep employment tax records for at least four years after filing the fourth quarter for the year. These records may include:
- Employer identification number (EIN)
- Employee names, addresses, Social Security numbers, occupations, and dates of employment
- Wage, annuity, and pension payment amounts and dates
- Tips reported by employees and any allocated tips
- Withholding certificates and related forms (such as Form W-4)
- Copies of filed returns and confirmation numbers
- Payroll tax deposits, including EFTPS acknowledgment numbers
- Fringe benefits and expense reimbursements (with supporting documentation)
- Sick pay payments and related records (including third-party payer amounts)
- Undeliverable Forms W-2 and W-2c returned to the employer
Employee Benefits Records
Employers should keep employee benefits records, including retirement plan documentation, insurance election forms, plan termination records, and related benefits materials, for at least six years. In many cases, this timeframe is tied to ERISA recordkeeping requirements and is based on plan filing and reporting timelines, rather than the employee’s separation date.
Medical And Leave-Related Records
Employee medical information should always be stored securely and kept separate from general personnel files. This can include ADA accommodation documentation, drug and alcohol test results, workers’ compensation records, and other health-related materials.
For FMLA, the Department of Labor requires employers to keep required leave records for at least three years.
In certain situations, health-related records may also fall under OSHA recordkeeping rules, which can require longer retention depending on the type of record and the nature of workplace exposure.
Time and Attendance Records
Employers should retain time and attendance records such as time cards, time sheets, and work schedules for at least two years. These records support payroll calculations and help document hours worked if questions come up later.
Workers’ Compensation And Workplace Injury Records
OSHA requires covered employers to retain workplace injury and illness records for five years following the end of the calendar year that the records relate to. These records help document work-related incidents and may be needed during audits, claims, or investigations.
State workers’ compensation retention rules can vary, so it’s a good idea to confirm requirements with the appropriate state agency or workers’ comp authority.
Discrimination Claims
Retention rules for discrimination-related records can vary based on the type of claim involved (age, gender, race, disability) and the state where the issue occurred.
At the federal level, the EEOC requires employers to keep all records related to a discrimination charge or legal action until the matter reaches final resolution. This generally means the records must be retained through the full life of the claim, including the period of time in which a lawsuit could still be filed.
Important HR Record Retention Regulations
HR record retention depends on a mix of requirements that can change based on the type of document, what it’s used for, and the situation tied to it. The regulations below are some of the most common ones HR teams run into, and they help explain why retention timelines can vary across different categories of employee files.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) covers wage and hour requirements, including minimum wage, overtime, recordkeeping, and child labor rules. It applies to many businesses in the private sector, as well as federal, state, and local government employers.
From a retention standpoint, the key takeaway is that employers need to maintain accurate pay and time records for specific timeframes. In general, payroll-related records should be kept for at least three years, while certain supporting records tied to wage calculations should be kept for at least two years. Keeping these records in order also makes it much easier to respond to wage disputes, audits, or Department of Labor inquiries without scrambling.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for certain family or medical reasons. These reasons include the birth or care of a newborn child, adoption or foster care placement, care for an immediate family member with a serious health condition, or recovery from a serious health condition that prevents the employee from working. Employers are required to keep FMLA-related documentation for at least three years to ensure compliance with the law and to be prepared in case of disputes or audits.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act (OSHA) ensures that employees work in environments that are safe and healthy. The act aims to reduce workplace hazards and prevent work-related injuries, illnesses, and deaths. Employers are required to keep records of workplace injuries, illnesses, and safety compliance for at least five years. In some industries, records of work-related fatalities must be kept permanently. OSHA also mandates that certain reports and documents be readily accessible for government review.
Equal Employment Opportunity Laws
Equal Employment Opportunity (EEO) Laws protect employees and job applicants from discrimination based on race, religion, sex, gender, national origin, and other protected characteristics. These laws apply to all aspects of employment, from hiring and termination to workplace policies and practices. Employers are required to maintain detailed records, including job applications and personnel files, for at least one year. In the case of termination, records must be kept for one year from the date of termination. Employers must also retain records related to any discrimination charges or claims until the case is fully resolved.
When HR Records Matter Most
HR record retention rules exist for a reason, but their value really shows up when someone needs documentation quickly and the business has to respond with confidence. That might be an employee request, a government inquiry, or a legal issue where the details matter and timelines are tight.
Employee Access to Records
Although access to personnel files varies by state, but in many cases employees have the right to request and review the contents of their own records. This can include items like job applications, compensation history, performance evaluations, and disciplinary documentation. Having these files organized and properly maintained makes it much easier to respond to these requests.
Equal Opportunity Employment Oversight
The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit discrimination in hiring and employment decisions. To support compliance, employers are required to retain certain hiring and personnel documentation that may be needed to review employment decisions, compensation practices, promotions, disciplinary actions, and termination history. When questions come up, having these records available helps demonstrate consistency and reduce risk.
Employment-Related Litigation
When a business is involved in employment-related litigation, the records tied to that matter may need to be preserved until the case is fully resolved. This can include personnel files, emails, performance reviews, disciplinary records, and other documentation that may be used as evidence. Failing to retain relevant information can create additional legal risk and may weaken the employer’s ability to respond effectively.
Government And Agency Requests
Certain agencies, such as the IRS or U.S. Citizenship and Immigration Services (USCIS), may request access to specific employee-related records. These situations may not happen often, but when they do, employers are expected to provide documentation within the required timeframe. Keeping records organized and accessible helps make those requests easier to handle and reduces the chance of compliance issues.
The Proper Way To Dispose Of Employee Records
Many businesses choose to store personnel files for up to seven years after an employee’s termination, regardless of regulatory requirements. This timeframe is seen as a best practice, as it covers the maximum federal and state statutes of limitations.
This can feel like the safest option, especially when businesses want to stay prepared for claims, disputes, or future questions, but it comes with tradeoffs. Keeping records longer than necessary poses security risks and creates unnecessary clutter within your recordkeeping system. HR departments are left managing large volumes of outdated employee records, which is a waste of valuable time and resources.
Once you’ve met your legal obligations to retain employee records, it’s essential to have an effective disposal plan in place. All employee and applicant records, whether on paper or stored electronically, should be securely destroyed once their retention period has passed.
Proper disposal of records is just as important as proper retention. Employment records often contain sensitive information, such as Social Security numbers and home addresses, so handling the disposal process with care is crucial. This applies to all records, not just those covered under the Fair and Accurate Credit Transactions Act (FACTA).
The Federal Trade Commission provides the following recommendations regarding the disposal of employee data:
- Electronic records should be permanently deleted from all storage systems to prevent data recovery.
- Paper records should be securely shredded or incinerated to prevent data theft and ensure complete destruction.
HR departments should work with the IT department regularly, at least two times a year, to review and purge unnecessary electronic records. In the case of paper documentation, HR departments should destroy documents that contain sensitive information with a secure paper shredding service.
HR Record Retention Best Practices
The best HR retention practices keep the process manageable, reduce uncertainty about what should be kept, and make it easier to protect sensitive employee information over time.
Develop a Comprehensive Retention Policy
Create and implement a retention policy that outlines what types of HR records you keep, how long each category must be retained, and what should happen once that retention window ends. A good policy removes guesswork, keeps decisions consistent, and helps prevent records from sitting in storage longer than necessary.
Use a Document Management System
HR files are much easier to manage when they’re stored in a secure, searchable digital format. An HR document management system helps with both access and control, making it easier to locate records quickly, apply retention rules consistently, and reduce the risk of sensitive information being exposed through outdated paper files or scattered storage locations.
Make Sure Retention Rules Are Understood Internally
Retention only works when the people handling records know what’s expected. HR teams should understand how retention timelines work, where records should be stored, and how to handle documents when they reach the end of their required retention period. Even a simple internal process guide can help prevent mistakes and keep file handling consistent.
Review Your Records On A Regular Schedule
Regularly auditing your record retention processes can help you spot any gaps or areas in need of improvement. By reviewing these practices periodically, you can ensure that your retention processes are up to date and effective.
Stay Informed About Regulatory Changes
Record retention rules can vary by state and can change over time. Staying aware of updates that affect your business helps ensure retention timelines stay accurate and employee information continues to be handled correctly. Even a quick annual review of retention requirements can help avoid issues later.
Simplify HR Retention with a Document Management System
While employers can store employee records in paper format, most industry leaders recommend using a document management system, specifically an HRMS (Human Resources Management System). An HRMS simplifies adherence to HR regulations and streamlines record-keeping by automating document retention and destruction, reducing the manual effort involved and its associated costs.
A document management system can transform your HR record retention process by:
- Centralizing Record Storage: Storing all HR documents in a single, secure location simplifies access and retrieval while reducing the risk of lost or misplaced records.
- Automating Retention Periods: An HRMS can automatically track retention periods and flag records for review or destruction when they expire, helping you stay compliant.
- Enhancing Security and Privacy: Advanced HRMS systems protect sensitive employee information through encryption, access controls, and automatically generated audit trails.
- Facilitating Collaboration and Compliance: A document management system allows your HR team to collaborate more efficiently and ensures everyone adheres to your retention policies.
- Streamlining Document Retrieval: HR professionals can quickly and efficiently locate specific records, saving valuable time and resources.
Ready to Simplify HR Records Retention?
Our secure HR document scanning service can help your business convert existing paper records into HRMS-compatible digital files. By digitizing your employee records, you can ensure easier access, better organization, and easier compliance with your retention policies.
We’ll work with you to implement a tailored document conversion workflow, where newly generated paper records are regularly scanned, categorized, and uploaded as searchable PDFs into your HRMS. This makes the transition to a fully electronic system easy, efficient, and affordable.
Contact us today to learn more about how we can help you streamline your HR record retention process with our secure document scanning services or get a free quote for your next scanning project from one of our scanning technicians.
