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§ 40.9. Work permit

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: January 3, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 2. Child Labor (Refs & Annos)
Child Labor Act
Effective: January 3, 2023
43 P.S. § 40.9
Formerly cited as PA ST 43 P.S. § 50;  PA ST 43 P.S. § 51;  PA ST 43 P.S. § 52;  PA ST 43 P.S. § 53;  PA ST 43 P.S. § 55;  PA ST 43 P.S. § 56;  PA ST 43 P.S. § 60
§ 40.9. Work permit
Currentness
(a) Form and content.--
(1) A work permit shall be issued on a wallet-sized form prescribed by the department. The work permit shall contain the following information related to the minor:
(i) Name.
(ii) Sex.
(iii) Date and place of birth.
(iv) Place of residence.
(v) Color of hair and eyes.
(vi) Any physical work restrictions.
(2) The work permit shall certify that:
(i) the holder has personally appeared before the issuing officer and has been examined;
(ii) all papers required by law have been examined, approved and filed; and
(iii) all conditions and requirements for issuing a permit have been fulfilled.
(3) The work permit shall be signed by the minor.
(4) The work permit shall bear a number, the date of issuance and the signature of the issuing officer.
(b) Application.--
(1) Documentation shall be as follows:
(i) Except as set forth under subparagraph (ii), the application for a work permit must be verified as follows:
(A) The applicant's parent or legal guardian must sign the application.
(B) In lieu of a signature under clause (A), the applicant may execute a statement before a notary public or other person authorized to administer oaths attesting to the accuracy of the facts set forth in the application on a form prescribed by the department. The statement shall be attached to the application.
(ii) Subparagraph (i) does not apply if the applicant can demonstrate official proof of high school graduation.
(iii) 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:
(A) 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:
(I) 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.
(II) A certified baptismal certificate or transcript of the record of baptism showing the date of birth.
(III) A passport showing the age of the minor.
(IV) 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.
(V) 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).
(B) (Reserved).
(2) Examination shall be as follows:
(i) Except as set forth under subparagraphs (ii) and (iii), a work permit shall not be issued until the applicant has personally appeared before and has been examined by the issuing officer.
(ii) Subparagraph (i) does not apply if the applicant can demonstrate official proof of high school graduation.
(iii) The issuing officer may allow the applicant to appear by video conference or other electronic means, in lieu of requiring the physical presence of the applicant.
(c) Issuance.--If all application requirements are met, a work permit shall be issued by an issuing officer unless it is the issuing officer's judgment that the applicant cannot maintain adequate academic achievement if permitted to work during the school year.
(d) Revocation.--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.
(e) Cooperation.--The issuing officer shall cooperate with an enforcement officer with investigation and enforcement of this act.

Credits

2012, Oct. 24, P.L. 1209, No. 151, § 9, effective in 90 days [Jan. 22, 2013]. Amended 2022, Nov. 3, P.L. 1764, No. 117, § 1, effective in 60 days [Jan. 3, 2023].
43 P.S. § 40.9, PA ST 43 P.S. § 40.9
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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