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Table of contents

This Illinois Human Resources Manual is offered to you for free. Find state specific laws and regulations below.

Recordkeeping requirements

Various federal and state statutes require employers to keep employee applications and other employment information for a specified period of time.

The person charged with the administration of personnel files and applications is responsible for insuring that the required information is retained in conformity with the following guidelines:

FLSA – Fair Labor Standards Act

FMLA - Family and Medical Leave Act

Type of records

Retention period

Coverage

Payroll records for each employee, including:

  • Full name
  • Identification number
  • Home address
  • DOB (if under the age of 19)
  • Sex
  • Occupation
  • Day and time workweek begins
  • Hours worked each day/week
  • Total daily or weekly earnings
  • Overtime compensation
  • Basis of overtime computation
  • Total wage additions and deductions
  • Total wages for each pay period
  • Date of payment
  • The pay period covered by the payment
Three years from last date of entry for employers covered by the FLSA

All employers covered by the FLSA (one employee).

FMLA covers employers with 50 or more employees during 20 or more calendar work weeks in either the current or preceding calendar year.

 

  • Individual employment contracts
  • Collective bargaining agreements, plans, trusts, certificates, and required notices

Three years from last effective date.

All employers covered by the FLSA.

Sales and purchase records, by total dollar volume, weekly, month, or quarterly.

Three years.

All employers covered by the FLSA.

Supplementary basic records, including:

  • worksheets showing daily starting and stopping times of employees
  • wage rate schedules
  • work time schedules

Two years.

All employers covered by the FLSA.

Order, shipping, and billing records.

Two years.

All employers covered by the FLSA.

  • Records of additions to and deductions from each individual employee's wages
  • All employee purchase orders
  • All records used in determining amount and computation of addition or reduction

Two years.

All employers covered by the FLSA.

  • Certificates of age
  • Employers may be required to keep different/additional wage and hour records on employees in certain specialized occupations and on employees who may be exempt from the FLSA.

Until termination of employment.

All employers covered by the FLSA or child labor laws (at least one employee).

Title VII - Title VII of the Civil Rights Act

Type of records

Retention period

Coverage

Any personnel or employment records, including:

  • application forms that an employer makes or keeps
  • records related to hiring, promotions, demotions, transfers, layoffs, terminations, rates of pay, selections to training programs, etc.

Whichever is later:

  • one year from the time the record is made
  • one year from the time the personnel action is taken

Employers covered by Title VII (15 or more employees in each of 20 consecutive calendar weeks of the current or preceding year).

All personnel records relevant to a charge filed with or actions brought by the EEOC.

Until final disposition of the charge or action.

Employers covered by Title VII.

EEO-1 report filed with the EEOC.

While current.

Employers covered by Title VII with 100 or more employees.

ADEA – Age Discrimination in Employment Act

Type of records

Retention period

Coverage

Payroll records containing each employee's:

  • name
  • address
  • date of birth
  • occupation
  • rate of pay
  • compensation earned each week

Three years.

Employers covered by the ADEA (20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year).

Any personnel records that an employer makes that are related to:

  • job applications and inquiries
  • promotions
  • transfers
  • selections for training
  • layoffs
  • recalls
  • discharges
  • job orders submitted to employment agencies or unions for the recruitment of employees
  • test papers
  • results of physical exams
  • any job advertisements or notices of job opportunities.

One year; or 90 days for applicants for temporary jobs.

Employers covered by ADEA.

Employee benefit plans, and seniority and merit systems.

One year after termination of plan.

Employers covered by the ADEA.

EPA – Equal Pay Act

Type of records

Retention period

Coverage

Any records that an employer makes that relates to:

  • payment of wages
  • evaluations
  • job wage rates
  • job descriptions
  • merit systems
  • seniority
  • agreements or other collective bargaining matters that explain the basis for payment of a wage differential to employees of the opposite sex.

Two years.

Employers covered by the FLSA.

All records required to be kept by the FLSA.

Three years.

Employers covered by the FLSA.

FMLA – Family and Medical Leave Act

Type of records

Retention period

Coverage

  • Basic payroll and identifying employee data
  • Rate or basis of pay
  • Terms of compensation
  • Daily and weekly hours worked per pay period
  • Additions to or deductions from wages
  • Total compensation paid
  • Dates FMLA leave is taken by eligible employees (that information may come from time records or employees' requests for leave; leave must be designated in records as FMLA leave and may not include leave required under state law or an employer plan that isn't also covered by the FMLA)
  • Hours of leave if taken by eligible employees in increments of less than one full day
  • Copies of written employee notices of leave furnished to employers under the FMLA
  • Copies of all general and specific written notices given to employees as required under the FMLA and its regulations
  • Any doucments describing employee benefits or personnel policies and practices covering paid and unpaid leaves
  • Premium payments of employee benefits
  • Records of any dispute between the employer and an eligible employee over the designation of leave as FMLA leave, including any written statements covering the reasons for the designation and for the disagreement

Three years.

Employers employing 50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year.

 

OSH Act – Occupational Safety and Health Act

Type of records

Retention period

Coverage

  • A log and summary of all recordable occupational injuries and illnesses for each establishment (OSHA Log 300).
  • A supplementary record (OSHA Form 301).

Five years.

Private sector employers covered by the OSH Act with 11 or more full- or part-time employees.

Employee exposure records on toxic substances and harmful physical agents including environmental and biological monitoring information and material safety data sheets.

30 years.

All employers covered by the OSH Act.

Employee medical records including medical histories, examinations, test results, medical opinions and diagnoses, description of treatment and prescriptions, and employee complaints.

Duration of employment plus 30 years.

All employers covered by the OSH Act.

IRCA – Immigration Reform and Control Act 

Type of records

Retention period

Coverage

Form I-9

Whichever is later:

  • 3 years after the date of hire
  • 1 year after date the employment is terminated.

Employers employing persons to perform labor or services in return for wages or other pay.

 

Illinois Minimum Wage Law

Type of records

Retention period

Coverage

Accurate records of employees:

  • name
  • address
  • occupation
  • rate of pay
  • amount paid each pay period
  • hours worked each day in the workweek.

Three years.

Employers covered by the Illinois Minimum Wage Law.

VESSA - Illinois Victims’ Economic Security and Safety Act

Type of records

Retention period

Coverage

Covered employers must maintain the following records:

  • identification and payroll information for all employees
  • days and hours of victim leave
  • copies of employee leave requests
  • copies of written notices
  • policies and practices for paid and unpaid leaves
  • records of dispute
  • records of paid time off earned and taken.

Three years.

Employers covered by VESSA.

Illinois Equal Pay Act

Type of records

Retention period

Coverage

Records documenting:

  • name
  • address
  • occupation
  • wages paid to each employee
  • payroll records and records of other forms of compensation
  • dates of hire
  • dates of promotion
  • dates of pay increases

Five years.

Employers covered by the Illinois Equal Pay Act.

IHRA - Illinois Human Rights Act

Type of records

Retention period

Coverage

Employers must preserve and maintain the following records, to the extent they exist:

  • applications, resumes, interview forms, aptitude or qualifying examinations
  • personal history or background examination reports
  • medical history and physical exam reports
  • other documents pertaining to each applicant for one year from the date of application.

Each employee's personnel file, including:

  • performance evaluations
  • attendance/tardiness records
  • reprimands, disciplinary records, and suspension, layoff, termination or resignation records for 1 year from the date of termination
  • job descriptions, production standards and other records of job duties, qualifications and performance criteria for 1 year after the date they ceased to be effective.

One year.

See “Type of records” for the designated period for each document type.

Employers covered by the Illinois Human Rights Act.