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:
Type of records |
Retention period |
Coverage |
---|---|---|
Payroll records for each employee, including:
|
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.
|
|
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:
|
Two years. |
All employers covered by the FLSA. |
Order, shipping, and billing records. |
Two years. |
All employers covered by the FLSA. |
|
Two years. |
All employers covered by the FLSA. |
|
Until termination of employment. |
All employers covered by the FLSA or child labor laws (at least one employee). |
Type of records |
Retention period |
Coverage |
---|---|---|
Any personnel or employment records, including:
|
Whichever is later:
|
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. |
Type of records |
Retention period |
Coverage |
---|---|---|
Payroll records containing each employee's:
|
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:
|
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. |
Type of records |
Retention period |
Coverage |
Any records that an employer makes that relates to:
|
Two years. |
Employers covered by the FLSA. |
All records required to be kept by the FLSA. |
Three years. |
Employers covered by the FLSA. |
Type of records |
Retention period |
Coverage |
|
Three years. |
Employers employing 50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year.
|
Type of records |
Retention period |
Coverage |
|
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. |
Type of records |
Retention period |
Coverage |
Form I-9 |
Whichever is later:
|
Employers employing persons to perform labor or services in return for wages or other pay.
|
Type of records |
Retention period |
Coverage |
Accurate records of employees:
|
Three years. |
Employers covered by the Illinois Minimum Wage Law. |
Type of records |
Retention period |
Coverage |
Covered employers must maintain the following records:
|
Three years. |
Employers covered by VESSA. |
Type of records |
Retention period |
Coverage |
Records documenting:
|
Five years. |
Employers covered by the Illinois Equal Pay Act. |
Type of records |
Retention period |
Coverage |
Employers must preserve and maintain the following records, to the extent they exist:
Each employee's personnel file, including:
|
One year. See “Type of records” for the designated period for each document type. |
Employers covered by the Illinois Human Rights Act. |