Do you need a work permit Image

Do You Need a Work Permit?

May 1, 2023

In 1900, a child working in a factory might work 12 to 18 hours a day, six days a week, to earn a dollar. However, this is a thing of the past. In 1938, Congress passed a law called The Fair Labor Standards Act (FLSA).

If you are 14 or 15, a work permit is required for you to work in Illinois. Laws protect minors to ensure the workplace is safe and prevents you from neglecting school. The Child Labor Law requires minors, under the age of 16, to complete an Employment Certificate, prohibits working in hazardous jobs, and limits work hours. According to the FLSA, you must be at least: 

  • 16 to work during school hours. 
  • 14 to work certain jobs after school. 
  • 18 to work dangerous jobs.1

Acceptable Work

Some jobs are acceptable for people under 14 and do not require a permit to work. They include:4

  • Delivering newspapers.
  • Babysitting on a casual basis.
  • Acting in movies, TV, radio, or theater.
  • Working for your parents' company (This only applies if it isn't a dangerous job).

Working in agriculture also may not be acceptable. Check out this page for more info if you're interested.

Dangerous Jobs

You may be wondering, what kinds of jobs fall under the "dangerous" bullet point above? YouthRules gives a useful list of jobs that are banned for workers under 18. Here's a summary:2

  • Explosives-related work.
  • Jobs that involve driving or working on motor vehicles.
  • Mining.
  • Forest fire prevention, logging, sawmilling, forestry, and related jobs.
  • Meatpacking, slaughtering, and related jobs.
  • Jobs that involve using power tools, powered woodworking machines, and other dangerous machinery.
  • Jobs that expose you to dangerous radiation.
  • Manufacturing products like brick and tile.
  • Wrecking, demolition, and ship-breaking.
  • Roofing or jobs performed on or about a roof.
  • Trenching and excavating.
  • Certain types of agricultural work, which are explained on this page.

Getting a Permit

So, how do you go about getting a work permit? If you want to get one, you will need:3

  • Your name and contact information.
  • Your Social Security number.
  • Your last grade attended.
  • Your parents' names.
  • Statement of intention.
  • Evidence of your age.
  • A physical fitness statement.
  • Proof that the work performed is not a hazardous occupation.

Getting a work permit isn't all that hard, but you'll need to follow instructions carefully. To apply for a permit, follow the instructions on this page.

You will need a prospective employer to complete a "Letter of intent to hire" that mentions the hours you would work. You will need your parent or guardian to go with you to turn in the letter to your school. After your school reviews and verifies the letter, they will fill out an Employment Certificate for Minors, so you can receive a work permit. Learn more on the Illinois Department of Labor's website.

Child Labor Laws

Even if they have a work permit, there are still a few restrictions for 14 and 15-year-old workers. If you are 14 or 15 in the workplace, you:

  • Can't work more than six consecutive days in one week.
  • Can't work more than 48 hours in one week.
  • Can't work 24 hours in one week when school is in session.
  • Can't work between 7PM and 7AM when school is in session (9PM to 7AM from June 1 to Labor Day).
  • Can't work more than 3 hours a day on school days.
  • Must have a 30-minute break if working more than 5 hours.

Questions about the Child Labor Law? You can call (312) 793-5570, email dol.childlaborquestions@illinois.gov or visit this FAQ page.

One Day Rest in Seven Act (ODRISA) Requirements

Employees and employers should be aware of the updates for the One Day Rest in Seven Act (ODRISA) that takes effect January 1st, 2023. This act "gives workers the right to a day of rest every workweek and breaks for meals or rest during daily work shifts". Changes to ODRISA under Public Act 102-0828 and Public Act 102-1012 taking effect on January 1st include: 

  • New meal and rest break requirements: Requires employees be given a 20-minute break if working a 12-hour shift or longer, and at least 24 consecutive hours of rest in every consecutive 7-day period, clarifying the day of rest requirements for workers whose schedules don't align with a Sunday to Saturday calendar week.
  • Notice posting requirements: All employers covered by ODRISA must post a notice at the workplace notifying employees of their rights under the Act. IDOL will provide this notice on its website for employers to download and post. 

Employers can learn more with the Illinois Department of Labor's (IDOL) press release, this one page handout with the amendments to ODRISA, and the Required Posters & Disclosures that are required for all Illinois employers.

Sources

1 https://www.scholastic.com/teachers/articles/teaching-content/child-labor/

2 https://www.dol.gov/agencies/whd/youthrules

https://labor.illinois.gov/laws-rules/fls/employment-certificates-minors.html


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