§ 55 — Employment certificates

(a) Any employer who employs, allows, or permits a minor to work shall ensure that the minor holds a valid employment certificate issued by a school issuing officer. (b) An application for an employment certificate must be submitted by the minor and the minor's parent or legal guardian to the minor's school issuing officer as follows. (1) The application shall be signed by the applicant's parent or legal guardian. (2) The application shall be submitted in person by the minor desiring employment, unless the school issuing officer determines that the minor may utilize a remote application process. (3) The minor shall be accompanied by his or her parent, guardian, or custodian, whether applying in person or remotely. (4) The following papers shall be submitted with the application: (A) A statement of intention to employ signed by the prospective employer, or by someone duly authorized by the prospective employer, setting forth the specific nature of the occupation in which the prospective employer intends to employ the minor and the exact hours of the day and number of hours per day and days per week during which the minor shall be employed. (B) Evidence of age showing that the minor is of the age required by this Act, which evidence shall be documentary, and shall be required in the order designated, as follows: (i) a birth certificate; or (ii) if a birth certificate is unavailable, the parent or legal guardian may present other reliable proof of the minor's identity and age that is supported by a sworn statement explaining why the birth certificate is not available. Other reliable proof of the minor's identity and age includes a passport, visa, or other governmental documentation of the minor's identity. If the student was not born in the United States, the school issuing officer must accept birth certificates or other reliable proof from a foreign government. (C) A statement on a form approved by the Department and signed by the school issuing officer, showing the minor's name, address, grade last completed, the hours the minor's school is in session, and other relevant information, as determined by the school issuing officer, about the minor's school schedule, and the names of the minor's parent or legal guardian. If any of the information required to be on the work permit changes, the issuing officer must update the work permit and provide an updated copy to the Department, the minor's employer, and the minor's parent or legal guardian. If the minor does not have a permanent home address or is otherwise eligible for services under the federal McKinney-Vento Homeless Assistance Act, the lack of a birth certificate or permanent home address alone shall not be a barrier to receiving an employment certificate. (D) A statement of physical fitness signed by a health care professional who has examined the minor, certifying that the minor is physically fit to be employed in all legal occupations or to be employed in legal occupations under limitations specified, or, at the discretion of the school issuing officer, the minor's most recent school physical. If the statement of physical fitness is limited, the employment certificate issued thereon shall state clearly the limitations upon its use, and shall be valid only when used under the limitations so stated. In any case where the health care professional deems it advisable that he or she may issue a certificate of physical fitness for a specified period of time, at the expiration of which the person for whom it was issued shall appear and be re-examined before being permitted to continue work. Examinations shall be made in accordance with the standards and procedures prescribed by the Director, in consultation with the Director of the Department of Public Health and the State Superintendent of Education, and shall be recorded on a form furnished by the Department. When made by public health or public school physicians, the examination shall be made without charge to the minor. If a public health or public school health care professional is not available, a statement from a private health care professional who has examined the minor may be accepted, provided that the examination is made in accordance with the standards and procedures established by the Department. For purposes of this paragraph, "health care professional" means a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant. (5) The school issuing officer shall have authority to verify the representations provided in the employment certificate application as required by Section 55. A school issuing officer shall not charge a fee for the consideration of an employment certificate application. (6) It shall be the duty of the school board or local school authority to designate a place or places where certificates shall be issued and recorded, and physical examinations made without fee, and to establish and maintain the necessary records and clerical services for carrying out the provisions of this Act. (c) Upon receipt of an application for an employment certificate, a school issuing officer shall issue an employment certificate only after examining and approving the written application and other papers required under this Section, and determining that the employment shall not be detrimental to the minor's health, welfare, and education. The school issuing officer shall consider any report of death, injury, or illness of a minor at that workplace, received under the requirements of Section 35, in the prior 2 years in determining whether the employment shall be detrimental to the minor's health, welfare, and education. Upon issuing an employment certificate to a minor, the school issuing officer shall notify the principal of the school attended by the minor, and provide copies to the Department, the minor's employer, and the minor's parent or legal guardian. The employment certificate shall be valid for a period of one year from the date of issuance, unless suspended or revoked. (d) If the school issuing officer refuses to issue a certificate to a minor, the school issuing officer shall send to the principal of the school attended by the minor a notice of the refusal, including the name and address of the minor and of the minor's parent or legal guardian, and the reason for the refusal to issue the certificate. (e) If a minor from another state seeks to obtain an Illinois employment certificate, the Department shall work with the State Superintendent of Education, or his or her duly authorized agents, to issue the certificate if the State Superintendent of Education deems that all requirements for issuance have been met. (f) Upon request, the school issuing officer shall issue a certificate of age to any person between 16 and 20 years of age upon presentation of the same proof of age as is required for the issuance of employment certificates under this Act. (g) Any certificate duly issued in accordance with this Act shall be prima facie evidence of the age of the minor for whom it was issued in any proceeding involving the employment of the minor under this Act, as to any act occurring subsequent to its issuance, or until revoked. (h) The Department may suspend any certificate as an emergency action imperatively required for the health, safety, welfare, or education of the minor if: (1) the parent or legal guardian of a minor, the school issuing officer, or the principal of the school attended by the minor for whom an employment certificate has been issued has asked for the revocation of the certificate by petition to the Department in writing, stating the reasons he or she believes that the employment is interfering with the health, safety, welfare, or education of the minor; or (2) in the judgment of the Director, the employment certificate was improperly issued or if the minor is illegally employed. If the certificate is suspended, the Department shall notify the employer of the minor, the parent or guardian of the minor, the minor's school principal, and the school issuing officer of the suspension in writing and shall schedule an administrative hearing to take place within 21 days after the date of any suspension. The minor shall not thereafter be employed, allowed, or permitted to work unless and until his or her employment certificate has been reinstated. After the hearing, an administrative law judge shall issue a final order either reinstating or revoking the employment certificate. If the certificate is revoked, the employer shall not thereafter employ, permit, or allow the minor to work until the minor has obtained a new employment certificate authorizing the minor's employment by that employer.

Legislative History

(Source: P.A. 103-721, eff. 1-1-25; 104-417, eff. 8-15-25.)