EMPLOYMENT CERTIFICATES AND PERMITS
An employment certificate or permit is required for minors under 18 before they may begin work. High school graduates, minors who work for their parents, and minors who do industrial homework are included in this group.
Exceptions
Types of Employment Certificates and Permits
Certificates
Permits
Obtaining Employment Certificates and Permits
Validity
Location of Certificate
EXCEPTIONS - EMPLOYMENT CERTIFICATES AND PERMITS
An employment certificate or permit is not required for work as a caddy on a golf course. However, the caddy must be at least 14 years old.
An employment certificate is not required for a baby sitter. However, the baby sitter must be at least 14 years old.
A farm work permit is not required for minors 16 and 17 years of age to work on a farm.
Minors 14 and 15 must have an employment certificate to work on a farm stand or a farmers' market stand if more than 5% of the goods sold are not produced on the owners farm. If less than 5% of the goods sold are not grown on the owners farm, a farm work permit is required. A permit also is required for minors 12 and 13 employed in the hand harvest of berries, fruits, and vegetables. A farm work permit is not required for a minor 12 to 16 years of age to work at a farm stand or a farmers' market stand owned or leased by their parent, guardian, grandparent, aunt, or uncle.
An employment certificate or permit is not required for minors 12 years of age or older working for their parents either on the home farm or at other outdoor work not connected with a business.
An employment certificate is not required for a college student 16 or 17 years of age employed by a nonprofit college or university or fraternity, sorority, student association, or faculty association.
An employment certificate is not required for a minor 14 or 15 years of age to engage in casual employment consisting of yard work and household chores in and about a residence or the premises of a nonprofit, noncommercial organization, if it does not involve the use of power-driven machinery. Minors 16 or 17 do not need employment certificates for casual work even if it involves power-driven machinery ordinarily used in connection with yard work or household chores.
For lawn and garden work, therefore, the requirement for an employment certificate depends on the minor's age, whether power-driven machinery is used, and whether the employment is casual (without regularity, occasional, without foresight, plan, or method). The table below clarifies when a certificate is needed:
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MINOR 14 AND 15 YEARS OLD
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MINORS 16 AND 17 YEARS OLD
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No power-driven machinery used
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No certificate if work is casual
Certificate required if work is regular
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No certificate if work is casual
Certificate required if work is regular
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Power-driven machinery is used
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Certificate required whether or not work is casual*
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No certificate if work is casual
Certificate required if work is regular
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*Federal law requires a 16 year age minimum for the operation of power-driven machinery including power-driven lawn mowers.
TYPES OF EMPLOYMENT CERTIFICATES AND PERMITS
CERTIFICATES
A Student Non-factory Employment Certificate (AT-18, blue paper) is issued to a minor 14 or 15 years old for permitted work in any trade, business, or service, but not for work in a factory workroom or for work involving use of dangerous materials or chemical processes.
A Student General Employment Certificate (AT-19, green paper) is issued to a minor 16 or 17 years old who is attending school. It is valid for work in a factory or any other trade, business, or service, but not valid for hazardous employment such as operating certain power-driven machines, construction work, or for work as a helper on a motor vehicle.
A Full-Time Employment Certificate (AT-20, salmon paper) is issued to a minor 16 or 17 years old who is not attending school, or is leaving school for full-time employment. It is valid for work in a factory or any other trade, business, or service but not valid for hazardous employment such as operating certain power-driven machines, construction work, or for work as a helper on a motor vehicle. (See State Prohibited Occupations and Federal Prohibited Occupations)
PERMITS
Farm Work Permits (AT-24, yellow paper) are issued to minors 14 and 15 years of age for farm work during vacation, before or after school hours, and on days when attendance at school is not required. Such a permit must be signed by each employer, and is not valid for work in or in connection with a factory or cannery. A minor may change his/her farm job without obtaining a new permit.
Permits (AT-25, white paper) are issued to minors 12 and 13 years of age employed in the hand harvest of berries, fruits, and vegetables. Such minors must be accompanied by a parent or must provide the employer with the parent's written consent to work.
Newspaper Carrier Permits (AT-23, buff paper) are issued to minors 11* to 18 years of age for work in the delivery, or sale and delivery of newspapers, shopping papers, or periodicals to homes or places of business. The minors must carry the permit while working.
*(See Special Occupations. Also, note that under Federal law a 14 year age minimum is required for delivery of periodicals and similar items.)
Street Trade Permits (AT-26, ivory paper) are issued to self-employed boys and girls 14 to 18 years old who sell newspapers or periodicals on streets or in public places or who work as shoeshiners. (See Special Occupations)
Child Model Permits (AT-1 2, green booklet) are issued for the employment of child models under 18 years old. (See Special Occupations - Child Actor/Model)
Child Performers
OTHER TYPES OF CERTIFICATES
Certificates of Age. For his/her protection, an employer may request a minor who is over 18 to provide a certificate of age. Minors can obtain age certificates from school authorities, which the employer can then keep on file as conclusive proof of the worker's age.
OBTAINING EMPLOYMENT CERTIFICATES AND PERMITS
Minors can obtain employment certificates or permits from the school they attend or from the superintendent of schools in that area. The paperwork required include:
Written permission from a parent to work. (There are exceptions for minors considered to be emancipated by school authorities)
Proof of age, either a birth certificate or some other document at least two years old that satisfies the officer issuing the certificate;
A certificate of physical fitness to assure that the young person is in sound health and that the work will not impair his/her physical condition.
School medical doctors or physicians designated by the Department of Health give physical examinations. Otherwise minors may obtain a certificate of physical fitness from their own doctor. Minors from neighboring states who seek work in New York can use a certificate issued by a physician in their home state. Physicians who find that a youth age l4 to l8 is not physically fit for some occupations but may engage safely in other types of work, can issue a certificate of limited physical fitness.
For youths to obtain a full-time employment certificate, their parent or guardian must appear in person before the school authorities to give consent. (High school graduates can use written consent.) In addition, youths must provide proof of age, a certificate of physical fitness, and a schooling record. In New York City and Buffalo, a 16 year-old minor who is leaving school must have a pledge of employment signed by the prospective employer that shows the number of work-hours per day, days per week, and the nature of work to be done.
For a farm work permit, the minor must submit parental permission, proof of age, and a certificate of physical fitness. The hiring party does not have to submit a pledge of employment.
For a newspaper carrier permit or a street trades permit, the minor must present parental permission, proof of age, and a statement of physical fitness from either a school, Department of Health, or private doctor. The medical statement is not required for the newspaper carrier permit if the applicant participates in the school's physical education programs. Students must fill out Part III of the Application for Employment Permit (AT-22).
For a child model permit, the minor must have parental consent and a health certificate.
VALIDITY OF CERTIFICATES AND PERMITS
Minors may use a newspaper carrier permit to work for any publisher or distributor who supplies papers or periodicals. A minor may use the farm work permit and the child model permit to work for any employer, but each employer must sign the permit.
A young person may work for an unlimited number of employers using the Student Non-Factory Employment Certificate, the Student General Employment Certificate, and the Full-Time Employment Certificate.
When the minor leaves a job, the employer must return the certificate to the minor. Students with several jobs may request multiple copies of certificates or permits. The total hours worked for multiple employers by a minor may not exceed the daily and weekly hours maximums.
LOCATION OF CERTIFICATE
The employer must keep Student Non-Factory, Student General, and Full-time Employment Certificates on file, at the location where the minor is employed, as long as the minor remains employed. The minor must keep Farm Work Permits, Model Permits, Newspaper Carrier Permits, and Street Trades Permits in his/her possession at all times.
A temporary placement agency that assigns employees for short-term service at other establishments must keep on file the original copy of the Student Non-Factory, Student General, or Full-Time Employment Certificate in its office and provide copies at the establishment where the minor works.
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