What should I do if a new hire is unable to provide the required documents for Form I-9 within three business days of the date employment begins?
If an employee is unable to present the required document or documents within three business days of the date employment begins, the employee must produce an acceptable receipt in lieu of a document within the three days. Employees hired for less than three business days cannot present a receipt, but instead must present the actual document(s) at the time employment begins.
An employee who is unable to produce acceptable documents or receipts within three business days of his or her start date may not continue to work until this requirement is met. Employers may choose to place an employee on a leave of absence for a reasonable amount of time to allow the individual time to obtain the required documentation, or employers may terminate an employee who fails to produce the required documents within three business days. Either way, these practices must be applied uniformly to all employees.
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