From the Hotline: New Hire Forms for Rehires

Question: Are employers required to have rehires complete the hiring forms again?

Answer: There are several forms that must be completed every time an employee is hired or rehired:

  • Form I-9 verification of eligibility for employment**.
  • Forms W-4 for federal tax and DE-4 for state taxes.
  • Benefit enrollment forms.

As for company policies, it is up to the company to determine what period of time is acceptable to lapse without the employee having to resign all of the policy acknowledgements. It is considered a best practice to have the employee sign any policies that have been amended since the employee left, and sign a statement acknowledging all previously signed policies remain in place with continued or rehired employment as of date of rehire.

**According to the USCIS, if an employer rehires an employee who previously completed a Form I-9 with work authorization documents , the employer may reverify on the employee’s original Form I-9 (or on a new Form I-9 if Section 3 of the original was used) if both of the following apply:

  • The employer rehires the employee within three years of the initial date of hire.
  • The employee’s previous grant of work authorization expired, but the employee is currently eligible to work on a different basis or under a new grant of work authorization than when the original Form I-9 was completed.

To reverify, employers must:

  • Record the date of rehire.
  • Record the document title, number, and expiration date (if any) of any document(s) presented.
  • Sign and date Section 3.
  • If using a new Form I-9, write the employee’s name in Section 1.

If an employer rehires an employee who has previously completed a Form I-9 and did not need formal work authorization (U.S. citizens and naturalized citizens, for example), the employer may update on the employee’s original Form I-9 or on a new Form I-9 if both:

  • The employee is rehired within three years of the initial date of hire.
  • The employee is still eligible to work on the same basis as when the original Form I-9 was completed.

To update, employers must:

  • Record the date of rehire.
  • Sign and date Section 3.
  • If using a new Form I-9, write the employee’s name in Section 1.

Employers always have the option of completing Sections 1 and 2 of a new Form I-9 rather than completing Section 3 when rehiring employees.