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Question and answer
On Oct. 24, 2012, former Gov. Tom Corbett signed into law Act 151 making changes to Pennsylvania's existing child labor act. The Act, which took effect on Jan. 22, 2013, confers new powers and duties on the Pennsylvania Department of Labor and Industry and the Pennsylvania Department of Education. The roles and responsibilities of these state agencies, issuing officers, enforcement officers, employers, parents/guardians, and minors will change significantly as the result of this new law.
The following frequently asked questions are provided as a guide and brief summary of the major provisions of this new law. It is specifically directed toward school personnel, parents and/or guardians, minors and others directly involved in serving those individuals covered under the Pennsylvania Child Labor Act. Since the Pennsylvania Department of Labor and Industry has direct responsibility for enforcement regarding employers, they are encouraged to contact representatives of that department for additional guidance.
More information about Child Labor Laws can be found through these links:
Citations:
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Q: Who is considered to be a minor?
A: A minor, as defined in the Pennsylvania child labor act, is an individual under 18 years of age.
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Q: I am a minor and reside in Pennsylvania, where do I get a work permit?
A: Each school district is responsible for issuing work permits to all minors who reside in the district including those who attend non-public schools, cyber charter schools, or are participating in a home education program. Contact your school district to find out which building you should go to and what hours the issuing officer is available.
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Q: I am a minor and reside outside of Pennsylvania, where do I get a work permit?
A: Each school district is responsible for issuing work permits to all minors who reside outside of Pennsylvania, but will be working for an employer located within the state. The school district wherein the place of employment is located is responsible for issuing the work permit. Contact the prospective employer as to the name, address, and contact information for the issuing officer in their respective school district.
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Q: I am a minor and reside in Pennsylvania; however, I will be working in another state. Where do I get a work permit?
A: The student will need a work permit from the state in which he or she will be working. The student should contact the school district in which the employer is located in that state.
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Q: I am a minor and reside in Pennsylvania; however, I will be working in another part of Pennsylvania. Where do I get a work permit?
A: The school district in which the student resides issues the work permit for ALL employment to be performed in Pennsylvania.
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Q: I am a minor and reside in Pennsylvania; however, I am a high school graduate. Do I need a work permit?
A: Yes, under the new Pennsylvania Child Labor Act, a minor, who is a high school graduate, must obtain a work permit from the school district where the employer is located or at the college or trade school they are attending. This requirement covers all such minors including those attending colleges, universities, trade schools, or any other individual seeking employment who does not have a current work permit issued in Pennsylvania. High school graduates who possess a work permit are exempt from the work hour limitation for minors 16 years of age and older. They also do not need to have a signature from their parent or legal guardian on the application for a work permit as long as they provide official proof of such graduation.
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Q: What are the various types of work permits?
A: Under the current Pennsylvania Child Labor Act, only one type of work permit is issued. This is a wallet-size, transferable work permit, which is valid from the time of issuance until the minor turns 18 years of age. The minor provides a copy to the employer and retains the original.
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Q: Who can issue a work permit?
A: The Pennsylvania Child Labor Act indicates that only an issuing officer may issue a work permit. An issuing officer, in most cases, is a staff person located in the guidance office of a public school district's high school. Call your local school district to determine the exact location of the individual who issues work permits. Minors who have official proof of graduation from high school can obtain a work permit from the local school district where the employer is located.
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Q: What are the steps in completing an application for a work permit?
A: First, an applicant's parent or legal guardian must sign the application. In lieu of a signature, the applicant may execute a statement before a notary public attesting to the accuracy of the facts set forth in the application. The statement must be on a form prescribed by the Pennsylvania Department of Labor and Industry. The statement is then attached to the application. No parental signature is required if the applicant can demonstrate official proof of graduation from high school. Next the issuing officer insures that all papers required by law have been examined, approved and filed and all conditions and requirements for issuing a permit have been fulfilled. The work permit shall be signed in the presence of the issuing officer by the minor. The work permit shall bear a number, the date of issuance and the signature of the issuing officer.
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Q: Does a parent or legal guardian have to appear in person before an issuing officer?
A: No, the Pennsylvania Child Labor Act indicates that the parent or legal guardian does not have to appear in person before the issuing officer.
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Q: Does a minor need to have a job offer in order to obtain a work permit?
A: No, the Pennsylvania Child Labor Act does not have any language that would indicate that a minor needs to have a job offer in order to obtain a work permit. Of course, a minor can apply for and accept a job offer prior to obtaining a work permit. Once the work permit is issued, the minor may begin work. In all cases, when a minor is hired by an employer, it is the employer's responsibility to notify the issuing officer within five (5) days of such employment.
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Q: What is the procedure for getting a work permit?
A: An application for a work permit can be obtained at your local school district. The parent or legal guardian must sign the application. If the parent or legal guardian is not able to sign the application, then the minor applicant may execute a statement before a notary public attesting to the accuracy of the facts on the application. The statement must be attached to the application. The issuing officer must also be presented with a document that verifies the age of the student. The issuing officer shall not issue a work permit until the issuing officer has received, examined, approved and filed the following papers which verify the applicant's age:
- If proof of age is an official document or record of the commonwealth or government of another state or governmental subdivision of another state, it need not be filed if the issuing officer records the information necessary to enable the document or record to be located at the place where it is filed. If proof of age is other than an official document or record of the commonwealth or government of another state or governmental subdivision of another state, the following is the order of preference for acceptable proof under this clause:
- An attested transcript of the birth certificate, filed according to law with a register of vital statistics or other officer charged with the duty of recording births.
- A certified baptismal certificate or transcript of the record of baptism showing the date of birth.
- A passport showing the age of the minor.
- Any certified documentary record of age other than a school record or an affidavit of age, which appears to the satisfaction of the issuing officer to be sufficient evidence of age.
- The signed statement of a physician, physician's assistant or nurse practitioner, approved by the board of school directors, stating that, after examination, it is the opinion of the individual signing the statement that the applicant has attained the age required by law for the occupation in which the applicant expects to engage. The statement must be accompanied by an affidavit signed by the applicant's parent or legal guardian or, if there is no parent or legal guardian, by the applicant's next friend and certifying to the name, date and place of birth of the applicant and that the individual signing the statement is unable to produce any of the proofs of age specified in subclauses (I), (II), (III) and (IV).
- If proof of age is an official document or record of the commonwealth or government of another state or governmental subdivision of another state, it need not be filed if the issuing officer records the information necessary to enable the document or record to be located at the place where it is filed. If proof of age is other than an official document or record of the commonwealth or government of another state or governmental subdivision of another state, the following is the order of preference for acceptable proof under this clause:
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Q: Must the minor appear in person before the issuing officer to receive a work permit?
A: The work permit certifies that the minor has personally appeared before the issuing officer and has been examined and that all papers have been examined, approved and filed. This certifies that all conditions and requirements for issuing a permit have been fulfilled. The work permit is then signed by the minor in the presence of the issuing officer. Minors who can demonstrate official proof of high school graduation do not have to appear before the issuing officer.
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Q: Since an issuing officer is also considered to be an enforcement officer under the Child Labor Act, what are their responsibilities?
A: If an Enforcement Officer has reason to believe that an individual working without a permit is a minor or that a minor with a work permit is working in violation of the age restrictions set forth under the Pennsylvania Child Labor Act, the Officer may demand that the person employing the individual within ten day: (1) Furnish to the Officer proof of age; or (2) Cease to employ or permit the individual to work. In all cases, the issuing officer should information a representative of the Pennsylvania Department of Labor and Industry of the suspected violation.
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Q: Can a school district refuse to issue a work permit, or revoke one, on the grounds of the student's academic performance?
A: Yes. Under the current Pennsylvania Child Labor Act, if in the issuing officer's judgment, the applicant cannot maintain adequate academic achievement if permitted to work during the school year, the application can be denied. Similarly, an issuing officer may revoke a work permit if it is the issuing officer's judgment that the applicant cannot maintain adequate academic achievement if permitted to work during the school year.