Employee personnel files: what to keep

How to organize employee records so they are complete, secure and easy to find, and what to keep out of the main file.

In shortA personnel file holds the main records about an employee’s job: hiring documents, job and pay changes, performance reviews, training, discipline and separation. Some records should be kept separately, including medical information, Form I-9 and, in many cases, investigation files. Many states give employees the right to see or copy their file. Keep files secure, limit access and follow retention rules.

What goes in the personnel file

What to keep separately

Records to keep outside the main file
Record Why separate
Medical information, including doctor’s notes and accommodation requests Federal law requires medical information to be kept confidential and in separate files
Form I-9 Kept separately so it can be produced for inspection without exposing other records; see our Form I-9 guide
Background check reports Access should be limited and specific notice rules apply
Investigation files Often contain information about other employees
Benefits enrollment and claims May contain health or family information
Payroll and time records Usually kept in payroll and time systems, with their own retention rules

Employee access rights

Federal law does not give private-sector employees a general right to see their personnel file, but many states do. Rules differ on who may request access, how quickly the employer must respond, whether copies must be provided and whether employees can add a written response to items they disagree with. California, for example, gives employees the right to inspect and receive a copy of their personnel records within a set period after a request. Check your state’s rules and set up a simple request process.

How long to keep personnel files

Retention periods depend on the type of record and on federal and state law. Many employers keep personnel files for several years after employment ends to cover the longest applicable period and the time limits for claims. Time and payroll records have their own rules, explained in our guide to time and payroll record retention. When a claim or investigation is pending, keep all related records until it is resolved.

Keeping files secure

  1. Limit access to HR and the managers who genuinely need it.
  2. Store paper files in locked cabinets and digital files in systems with access controls.
  3. Keep a log of who accessed or changed files, where your system allows.
  4. Protect personal data such as Social Security numbers and bank details.
  5. Follow a clear process for secure disposal when the retention period ends.
  6. Review access rights when managers change roles or leave.

Going digital

Digital files are easier to organize, search and secure than paper, especially for teams across several locations. A digital employee file keeps documents, signed forms and certifications in one place, with access controls. E-signatures make it easy to collect acknowledgments without printing. When moving from paper, scan existing documents carefully, keep originals for any records where originals matter and set a cut-over date.

Handling an employee request to see their file

  1. Ask for requests in writing, with the date, so you can track deadlines that apply in your state.
  2. Confirm the identity of the person asking, especially for former employees.
  3. Gather the records that count as personnel records under your state’s law.
  4. Remove or withhold only what the law allows, such as some investigation materials or records about other employees.
  5. Provide inspection or copies within the required period, in a private setting.
  6. Note the date you responded and what was provided.

If an employee disagrees with something in the file, some states let them add a written statement. Even where it is not required, accepting a short written response can reduce conflict.

Who should have access

A simple access model
Role Typical access
HR or the business owner Full access to personnel files
Direct manager Job, performance, training and discipline records for their own team
Payroll Pay rate, classification and tax documents needed to run payroll
Other managers No access unless there is a specific business need
Employee Their own file, as provided by state law and company policy

Writing this model into your employee handbook or HR procedures helps managers know where the line is.

A file audit checklist

Running this check once a year keeps files ready for audits, claims and day-to-day questions.

Personnel files when an employee leaves

When employment ends, add the resignation or termination documents, final pay records and any return-of-equipment checklist to the file, then move it to an inactive status rather than deleting it. Mark the date employment ended so it is easy to calculate when the retention period expires. If the person is rehired later, start a new active file and link it to the old one rather than mixing records from both periods. Our final paycheck guide covers the pay side of separation.

Common mistakes

Frequently asked questions

What should be in an employee personnel file?

Hiring documents, job and pay history, reviews, training, recognition, discipline and separation records.

Should medical records be in the personnel file?

No. Medical information should be kept confidential in a separate file.

Can employees see their personnel file?

It depends on the state. Many states give employees the right to inspect or copy their file.

Where should Form I-9 be kept?

Separately from the main personnel file, so it can be produced for inspection on its own.

Can personnel files be digital?

Yes, as long as they are secure, accessible to authorized people and retained for the required periods.

How long should I keep personnel files after someone leaves?

Retention depends on the record type and on federal and state law. Many employers keep files for several years after separation; check the rules that apply to you.

Where to go next

Related reading

Collect it digitally, with a signature

EZTime’s digital HR forms collect e-signatures and keep the signed copy in the employee’s digital file, with reminders before a document expires. See current plans and what each one includes on the pricing page.

Disclaimer: This guide is general information only and is not legal advice. Records, access and privacy rules vary by state and change over time. Check with a qualified employment attorney.