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Employment Certificates
An Employment Certificate (student non-factory, student general, or
full-time) may be used for an unlimited number of successive job
placements in lawful employment permitted by the particular type of
certificate.
A Non-Factory Employment Certificate
is valid for two years from the date of issuance or until the student
turns 16 years old, with the exception of a Limited Employment
Certificate.
A Limited Employment Certificate is
valid for a maximum of six months unless the limitation noted by the
physician is permanent, then the certificate will remain valid until the
minor changes jobs. It may be accepted only by the employer indicated on
the certificate.
A new
Certificate of Physical Fitness is
required when applying for a different type of employment certificate,
if more than 12 months have elapsed since the previous physical for
employment.
An employer
shall retain the certificate on file for the duration of the minor's
employment. Upon termination of employment or expiration of the
employment certificate's period of validity, the certificate shall be
returned to the minor. A certificate may be revoked by school district
officials for cause.
A minor who
is 14 years old and over may be employed as a caddy, babysitter, or in
casual employment consisting of yard work and household chores when not
required to attend school. Employment certification for such employment
is NOT mandatory.
An employer
of a minor in an occupation which does not require employment
certification should request a Certificate of Age.
Prohibited
Employment
Minors who are 14 and 15 years old may not be employed in, or in
connection with a factory (except in delivery and clerical employment in
an enclosed office), or in certain hazardous occupations such as
construction work; helper on a motor vehicle; operation of washing,
grinding, cutting, slicing, pressing, or mixing machinery in any
establishment; painting or exterior cleaning in connection with the
maintenance of a building or structure; and others listed in Section 133
of the New York State Labor Law.
Minors who
are 16 and 17 years old may not be employed in certain hazardous
occupations such as construction worker; helper on a motor vehicle; the
operation of various kinds of power-driver machinery; and others listed
in Section 133 of the New York State Labor Law.
Hours of
Employment
Minors may not be employed during the hours they are required to attend
school.
Minors
who are 14 and 15 years old may not be employed in any occupation when
school is in session for
-
more
than 3 hours on any school day,
-
more
than 8 hours on a non-school day,
-
more
than 6 hours in any week,
-
for a
maximum of 18 hours per week,
-
for a
maximum of 23 hours per week if enrolled in a supervised work-study
program approved by the Commissioner, and
-
after 7
p.m. or before 7 a.m.
Minors
who are 14 and 15 years old may not be employed in any occupation when
school is NOT in session for
-
more
than 8 hours on any day,
-
more
than 6 days in any week,
-
for a
maximum of 40 hours per week, and
-
after 9
p.m. or before 7 a.m.
This
certificate is not valid for work associated with newspaper carriers,
agriculture or modeling.
When
school is in session, minors who are 16 and 17 years old may not be
employed for
-
more
than 4 hours on days preceding school days,
-
more
than 8 hours on days not preceding school days (Friday, Saturday,
Sunday, and holidays),
-
6 days
in any week
-
a
maximum of 28 hours per week,
-
between
10 p.m. and midnight on days followed by a school day without
written consent of a parent or guardian AND a certificate of
satisfactory of academic standing from the minor's school (to be
validated at the end of each marking period),
-
between
10 p.m. and midnight on days not followed by a school day without
written consent of parent or guardian.
When
school is in session, minors who are 16 and 17 years old may not be
employed for
Education
Law, Section 133 Employment: "Any person who knowingly makes a false
statement in or in relation to any application made for an employment
certificate or permit as to any matter by this chapter to appear in any
affidavit, record, transcript, certificate or permit therein provided
for, is guilty of a misdemeanor."
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