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					                                                               HUMAN RESOURCE RECORD RETENTION SCHEDULE
                                                                                     Pre-Employment Information
                                                                                     I-9 Forms
The following Employee Information records are to be maintained in separate
                                                                                     Employee Personnel Records                                                                  Health and
files segregated from each other with access limited by law and procedure:
                                                                                     Safety Records
                                                                                     Benefit Plans / Medical Records
PRE-EMPLOYMENT INFORMATION
Resumes / Applications and related documents (applicant flow logs by position)       Three (3) years for those not hired; for         Governed by: Civil Rights Act; Rehabilitation Act
for applicants / candidates not hired (interview notes, background checks,           employees: up to six (6) years after
employment verification, letters of reference, and any documents for applicants      termination.
/ candidates not hired)
Affirmative Action Plans / annual reports of applicants, hiring's, supporting        Three (3) years from date of filing.             Governed by: Civil Rights Act; Executive Order
documentation, work force analysis, promotions, dismissals broken down by                                                             11246, Rehabilitation Act
race, sex and national origin.
Records of disclosure and consent forms to request consumer information,             Lesser of five (5) years or two (2) years after is Governed by: Fair Credit Reporting Act
adverse action notices.                                                              discovered that an adverse decision was based
                                                                                     on consumer reports.
I-9 FORMS
All I-9 verification data and individual documents necessary to verify the           The later of three (3) years from date of hire or Governed by: Immigration Reform and Control Act
individuals identity and eligibility to work in the U.S. Kept separate from          one (1) year following termination of             of 1986 (IRCA); Immigration and Nationality Act
personnel files; access limited to designated individuals.                           employment.
EEO / WV HRA Claims (records of charging party, similarly situated employees,        From the date the charge is received until final Governed by: Civil Rights Act
applications, promotions, demotions, transfers, recalls, training or any             disposition or time period noted, whichever is
documents that pertain to the charge.                                                later.
EMPLOYEE PERSONNEL RECORDS
Payroll Records: employee name, personal data, birth date, occupation, rates of      Three (3) years after last entry / date of       Governed by: Age Discrimination in Employment
pay and weekly compensation                                                          termination                                      Act; Family and Medical Leave Act
Personnel Records: personal data on the employee, application, records relating      One (1) year after the record is made or the     Governed by: Age Discrimination in Employment
to service, promotion, demotion, transfers, training, testing, layoff, recall or     employment action is taken.                      Act; Americans with Disabilities Act; Family and
termination                                                                                                                           Medical Leave Act
Requests for reasonable accommodation                                                Two (2) years from date records was made or Governed by: Americans with Disabilities Act;
                                                                                     personnel action taken; Medical records,      rehabilitation Act
                                                                                     correspondence and history of the condition;
                                                                                     must be kept separate from the other records.

EEO Claims (records of charging party, similarly situated employees, applications,   From the date the charge is received until final Governed by: Civil Rights Act
promotions, demotions, transfers, recalls, training or any documents that pertain    disposition or time period noted, whichever is
to the charge.                                                                       later.
Driving Records                                                                      Five (5) years                                   Governed by: Driver's Privacy Protection Act
RULE OF THUMB: Former employee's personnel records must be retained for seven (7) years after the individual terminates employment with WJU unless a longer period is required
by law.
                                                              HUMAN RESOURCE RECORD RETENTION SCHEDULE
HEALTH AND SAFETY RECORDS
Health and safety inspections, OSHA 300 log /OSHA 301 Incident Reports             Five (5) years following the calendar year that Governed by: West Virginia Division of Labor
                                                                                   the records cover.
Medical examination records and records of exposure to toxic substances            Duration of employment PLUS thirty (30) years Governed by: West Virginia Division of Labor

Workers compensation insurance and claims form                                     Five (5) years unless involved in a dispute then Governed by: West Virginia Division of Labor
                                                                                   until the dispute is settled if longer than five (5)
                                                                                   years.
BENEFIT PLANS / MEDICAL RECORDS
Benefits Plans, Group Health Plans, Seniority systems, written merit plans, notice Duration of the particular plan plus one (1)      Governed by: Employee Retirement Income
of COBRA and ERISA.                                                                additional year after termination of the plan;    Security Act; Health Insurance Portability and
                                                                                   HIPAA requires six (6) years after date of        Accounting Act
                                                                                   creation or when last in affect, whichever is
                                                                                   later
Summary Plan Descriptions: including all supporting data, vouchers, worksheets, Six (6) years after filing date of documents and     Governed by: Employee Retirement Income
receipts, etc.                                                                     then for duration of plan OR as long as data is   Security Act; Health Insurance Portability and
                                                                                   needed to determine benefits; HIPAA requires      Accountability Act
Employee and Beneficiary Records, records of Prior group health plan coverage six (6) years after date of creation or when last      Governed by: Employee Retirement Income
                                                                                   in affect, whichever is later                     Security Act; Health Insurance Portability and
                                                                                                                                     Accounting Act
COBRA Records                                                                  Unspecified; retain as long as benefits plans are
                                                                               retained.
Basic and Supplemental Payroll Records regarding workweek determination,       Three (3) years after date of last entry or when      Governed by: Equal Pay Act; Fair Labor Standards
hours each employee works, pay rates, total wages, total deductions, additions record is made. NOTE: Due to civil penalties          Act; West Virginia Division of Labor
to / subtractions from pay and total daily / weekly wages.                     under FLSA / WV DoL, retention is
                                                                               recommended for five (5) years.
Time Cards and Time Sheets                                                     Three (3) years after date of last entry or when      Governed by: Equal Pay Act; Fair Labor Standards
                                                                               record is made. NOTE: Due to civil penalties          Act; West Virginia Division of Labor
                                                                               under FLSA and WV DoL, retention is
                                                                               recommended for five (5) years.
Certificates and notices of age                                                Termination of Employee                               Governed by: Fair Labor Standards Act
FMLA records of compliance including dates and amount leave taken by eligible Records must be made available to US DoL               Governed by: Family and Medical Leave Act
employee.                                                                      upon request; no time period noted. Work for
Documents describing FMLA benefits, premium payments, policies and practices, seven (7) years.

Records of disputes on FMLA designation
Copies of military orders                                                          Two (2) years                                 Governed by: Uniformed Services Employment and
                                                                                                                                 Re-Employment Act
Unclaimed wages                                                                    Ten (10) years after wages became reportable. Governed by: West Virginia Division of Labor

Garnishments                                                                       Seven (7) years                                   Governed By: Department of Health and Human
                                                                                                                                     Services
                                                    HUMAN RESOURCE RECORD RETENTION SCHEDULE

INDIVIDUAL RECORDS                                               RETENTION                                           GOVERNED BY
Job orders submitted to state agency                             One (1) year                                        ADA; ADEA
Job advertisements, notices and postings                         One (1) year                                        ADA; ADEA; Civil Rights Act; FLSA; Rehab Act
Employment Apps / Resumes,                                       Three (3) years                                     ADA; ADEA; Civil Rights Act; FLSA; Rehab Act
Employee biographical data                                       Three (3) years                                     ADA; ADEA; Civil Rights Act, FLSA, Rehab Act; OSHA;
                                                                                                                     IRCA; WC
Applicant information                                            Two (2) years after any adverse impact is           ADA; ADEA; Civil Rights Act; Rehab
                                                                 eliminations
Job Descriptions                                                 Three (3) years                                     ADA; ADEA; EPA
Job Evaluations                                                  Three (3) years                                     ADA; EPA; FLSA
Merit, Incentive and Seniority System Records                    Longer of time system is in effect + one (1) year   ADA; ADEA; EPA; FLSA
                                                                 or three (3) years
Medical Records                                                  Three (3) years                                     ADA; ADEA; Civil Rights Act; Rehab; WC
Records relating to discrimination charges                       Until final disposition of charges
Job offers and hiring letters                                    One (1) year or two (2) years after adverse         ADA; EO 11246; Civil Rights Act; Rehab; Vets Act;
                                                                 impact is eliminated                                USERRA
Employment history                                               One (1) year or two (2) years after adverse         ADA; ADEA; Civil Rights Act
                                                                 impact is eliminated
Qualified Plan Records; annual reports; summaries                Six (6) years                                       ERISA
Accommodation requests                                           Two (2) years                                       ADA; Civil Rights Act; Rehab
Training records, lists of training opportunities                Duration of training or one (1) year after action   ADA; ADEA; FLSA

FMLA Records                                                     Three (3) years                                     FMLA
Affirmative Action Plans                                         Three (3) years                                     Civil Rights Act; EO 11246; Rehab
Layoffs and force reductions                                     Two (2) years after action                          ADA; ADEA; Civil Rights Act; Rehab
Garnishment Orders                                               Seven (7) years                                     DHHS
Payroll records, wage reports                                    Five (5) years                                      ADA; ADEA; EPA; FLSA; DoL; FICA; FMLA; BEP; UC;
                                                                                                                     WC
Time Cards                                                       Three (3) years                                     ADEA; FLSA; EPA; DoL
Pay Check receipts                                               Forever                                             IRS; FLSA
I-9 Forms                                                        Three (3) years after hire                          IRCA
Employment contracts                                             Three (3) years                                     ADEA; EPA; FLSA
Employee pay and benefits plans                                  Three (3) years                                     FMLA; ERISA
Employee terminations                                            Two (2) years                                       ADA; ADEA; EO11246; Civil Rights Act; Rehab
Records of employee disputes (FMLA)                              The later of until resolved or three (3) years,     ADA; FMLA; Rehab

5500's                                                           Six (6) years after date of filing.                 ERISA

				
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