Records Retention Schedule

Transcription

1 Questions often arise regarding how long records should be kept and what should be retained or discarded. Some requirements are set by various federal and state laws. For school districts and educational service districts ( ESDs), document retention requirements are heavily set by statute. Different laws require different retention times. School districts and ESDs should follow the retention laws that require the entity to retain documents for the longest period of time. Personnel records should be kept separately from any medical information obtained (this includes any medical examinations or medical inquiries under the Americans with Disabilities Act ( ADA ), the Family Medical Leave Act ( FMLA ) and the Oregon equivalent ( OFLA ), and workers compensation documentation. The Equal Employment Opportunity Commission ( EEOC ) has suggested that employers keep such information in a separate, locked cabinet. Many laws and regulations contain an implied responsibility to retain copies of reports and other papers furnished to federal and state agencies; therefore, the list below cannot possibly incorporate every requirement. Record retention requirements change, so consult the appropriate agency or authority whenever there is any question. Additional document retention requirements specific to School Districts, Educational Service Districts, and Individual School Records set by the Oregon Administrative Rules ( ) can be found here: In addition, if there is anticipated litigation, pending litigation, or if a litigation hold has been issued, relevant documents to the litigation cannot be destroyed regardless of the retention schedule. The following is a non-exhaustive list detailing the records or documents to be retained, the source of the requirement, and the specified retention period. Student Records Student Attendance Records after the school year in which the records were created Special educational student records 6 years after the school year in which the records were created Student health records Until student reaches age 21 or Oregon Student Records Elem/Middle School, cumulative folder cover, year-end grade report cards, and Test Record Insert Oregon Student Records (Permanent) High School, transcripts graduates, whichever is longer Permanent 75 years Page 1

2 Student Information and Retain years ending in 0 and 5: Demographic Records permanent. General Personnel Records Personnel records for school district, ESD, and community college employees Retain all others 5 years Retain employment applications (most recent and first successful), teacher licensure (certification) records, personnel actions, oaths of office, home address/telephone disclosures, emergency notification form (most recent): 75 years after date of hire; Retain grievance, complaint, and disciplinary records: ; and Retain all other records: after separation. Personnel files ORS ; ; days Employee medical records 6 years after separation Employment records, including promotions, demotions, transfers, layoffs, terminations, rate of pay, training Title VII; GINA; ADA; ADEA 1 year Retain investigations resulting in termination: 10 years after employee separation; Disciplinary action records Employment records, including promotions, demotions, transfers, layoffs, terminations, rate of pay, training Exec. Order No ; Rehabilitation Act of 1973; VEVRAA Retain investigations resulting in disciplinary action or exoneration: after resolution; and Retain unfounded investigations:. 2 years for larger contractors; 1 year if the contractor has fewer than 150 employees or does not Page 2

3 have a government contract of at least $150,000. I-9 and, if retained, photocopies of verification documents Requests for leave, leave dates, employee notices, premium payments, dispute records, payroll Calculations for sick leave accrual Criminal Background Check OSHA Records Records of occupational injury or illness, including annual summary as in OSHA forms Employee medical records, exposure records (including material safety data sheets), and analyses using exposure or medical records Complaints and Litigation Records pertaining to complaints or actions filed Records pertaining to complaints or actions filed IRCA FMLA Portland City Ordinances (to be preempted by the Oregon Sick Leave Law on 1/1/16) OR-OSHA OSHA Rehabilitation Act of 1973 Title VII; ADA; ADEA; VEVRAA (or 1 year after termination, whichever is later) 6 years after employment separation after employment separation 1 year Retain background check logs until superseded or obsolete; Retain fingerprint cards until return of card or receipt of investigation findings; and Retain all other records 90 days, then destroy. 6 years 30 years after termination or exposure Until final disposition of the charge or the action PACE recommends that the employer keep a copy of any Page 3

4 documentation regarding the disposition of the case permanently Legal Opinions and Advice Records Insurance policy records Benefits Collective bargaining agreements, employment contracts FLSA Permanent Retain property, liability, and employee group insurance: 75 years after expiration if no claims pending. Retain all other insurance: 6 years after expiration if no claims pending. Collective bargaining contracts 75 years after contract expires Collective bargaining records 6 years after contract expires Collective bargaining grievance record Employee benefit plans ADEA Duration of plan and for 1 year after termination of plan PERS enrollment forms 75 years after date of hire Undue hardship meal break waiver Disclosure of ERISA plan descriptions, annual reports, and summary annual reports Financial Records Accounts payable records ORS; ERISA The duration of the employee s employment and for at least six months after the termination date of the employee 6 years after filing date Retain records documenting expenditure of federal funds: 5 years after final or annual expenditure report accepted. Accounts receivable records Retain all other records: 4 years. Records documenting recovery of federal supplied funds: Page 4

5 after final or annual expenditure report accepted. All other records: after collected or deemed uncollectible. Bond records after final payment. Budget records Adopted budget, official copy: 20 years. Other records:. Page 5