(820 ILCS 206/40) (Text of Section before amendment by P.A. 104-16) Sec. 40. Restrictions on employment of minors. (a) No person shall employ, allow, or permit a minor to work: (1) in any mechanic's garage, including garage pits, |
| repairing cars, trucks, or other vehicles or using garage lifting racks;
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(2) in the oiling, cleaning, or wiping of machinery
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(3) in or about any mine or quarry;
(4) in stone cutting or polishing;
(5) in any factory work;
(6) in or about any plant manufacturing explosives or
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| articles containing explosive components, or in the use or transportation of same;
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(7) in or about plants manufacturing iron or steel,
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| ore reduction works, smelters, foundries, forging shops, hot rolling mills or any other place in which the heating, melting, or heat treatment of metals is carried on;
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(8) in the operation of machinery used in the cold
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| rolling of heavy metal stock, or in the operation of power-driven punching, shearing, stamping, or metal plate bending machines;
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(9) in or about logging, sawmills or lath, shingle,
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| or cooperage-stock mills;
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(10) in the operation of power-driven woodworking
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| machines, or off-bearing from circular saws;
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(11) in the operation and repair of freight elevators
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| or hoisting machines and cranes;
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(12) in spray painting;
(13) in occupations involving exposure to lead or its
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(14) in occupations involving exposure to acids,
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| dyes, chemicals, dust, gases, vapors, or fumes that are known or suspected to be dangerous to humans;
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(15) in any occupation subject to the Amusement Ride
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| and Attraction Safety Act;
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(16) in oil refineries, gasoline blending plants, or
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| pumping stations on oil transmission lines;
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(17) in the operation of laundry, dry cleaning, or
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(18) in occupations involving exposure to radioactive
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(19) in or about any filling station or service
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| station, except that this prohibition does not extend to employment within attached convenience stores, food service, or retail establishments;
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(20) in construction work, including demolition and
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(21) in any energy generation or transmission service;
(22) in public and private utilities and related
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(23) in operations in or in connection with
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| slaughtering, meat packing, poultry processing, and fish and seafood processing;
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(24) in operations which involve working on an
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| elevated surface, with or without use of equipment, including, but not limited to, ladders and scaffolds;
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(25) in security positions or any occupations that
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| require the use or carrying of a firearm or other weapon;
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(26) in occupations which involve the handling or
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| storage of human blood, human blood products, human body fluids, or human body tissues;
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(27) in any mill, cannery, factory, workshop, or
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| coal, brick, or lumber yard;
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(28) any occupation which is prohibited for minors
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(29) in any other occupation or working condition
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| determined by the Director to be hazardous.
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(b) No person shall employ, allow, or permit a minor to work at:
(1) any cannabis business establishment subject to
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| the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program Act;
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(2) any establishment subject to the Live Adult
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| Entertainment Facility Surcharge Act;
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(3) any firearm range or gun range used for
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| discharging a firearm in a sporting event, for practice or instruction in the use of a firearm, or the testing of a firearm;
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(4) any establishment in which items containing
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| alcohol for consumption are manufactured, distilled, brewed, or bottled;
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(5) any establishment where the primary activity is
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| the sale of alcohol or tobacco;
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(6) an establishment operated by any holder of an
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| owners license subject to the Illinois Gambling Act; or
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(7) any other establishment which State or federal
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| law prohibits minors from entering or patronizing.
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(c) An employer shall not allow minors to draw, mix, pour, or serve any item containing alcohol or otherwise handle any open containers of alcohol. An employer shall make reasonable efforts to ensure that minors are unable to access alcohol.
(d) An employer may allow minors aged 14 and 15 to work in retail stores, except that an employer shall not allow minors to handle or be able to access any goods or products which are illegal for minors to purchase or possess.
(e) No person shall employ, allow, or permit an unlicensed minor to perform work in the practice of barber, cosmetology, esthetics, hair braiding, and nail technology services requiring a license under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, except for students enrolled in a school and performing barber, cosmetology, esthetics, hair braiding, and nail technology services in accordance with that Act and rules adopted under that Act.
(f) A person may employ, allow, or permit a minor to perform office or administrative support work that does not expose the minor to the work prohibited in this Section.
(Source: P.A. 103-721, eff. 1-1-25.)
(Text of Section after amendment by P.A. 104-16)
Sec. 40. Restrictions on employment of minors.
(a) No person shall employ, allow, or permit a minor to work:
(1) in any mechanic's garage, including garage pits,
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| repairing cars, trucks, or other vehicles or using garage lifting racks;
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(2) in the oiling, cleaning, or wiping of machinery
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(3) in or about any mine or quarry;
(4) in stone cutting or polishing;
(5) in any factory work;
(6) in or about any plant manufacturing explosives or
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| articles containing explosive components, or in the use or transportation of same;
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(7) in or about plants manufacturing iron or steel,
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| ore reduction works, smelters, foundries, forging shops, hot rolling mills or any other place in which the heating, melting, or heat treatment of metals is carried on;
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(8) in the operation of machinery used in the cold
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| rolling of heavy metal stock, or in the operation of power-driven punching, shearing, stamping, or metal plate bending machines;
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(9) in or about logging, sawmills or lath, shingle,
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| or cooperage-stock mills;
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(10) in the operation of power-driven woodworking
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| machines, or off-bearing from circular saws;
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(11) in the operation and repair of freight elevators
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| or hoisting machines and cranes;
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(12) in spray painting;
(13) in occupations involving exposure to lead or its
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(14) in occupations involving exposure to acids,
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| dyes, chemicals, dust, gases, vapors, or fumes that are known or suspected to be dangerous to humans;
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(15) in any occupation subject to the Amusement Ride
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| and Attraction Safety Act;
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(16) in oil refineries, gasoline blending plants, or
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| pumping stations on oil transmission lines;
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(17) in the operation of laundry, dry cleaning, or
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(18) in occupations involving exposure to radioactive
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(19) in or about any filling station or service
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| station, except that this prohibition does not extend to employment within attached convenience stores, food service, or retail establishments;
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(20) in construction work, including demolition and
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(21) in any energy generation or transmission service;
(22) in public and private utilities and related
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(23) in operations in or in connection with
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| slaughtering, meat packing, poultry processing, and fish and seafood processing;
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(24) in operations which involve working on an
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| elevated surface, with or without use of equipment, including, but not limited to, ladders and scaffolds;
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(25) in security positions or any occupations that
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| require the use or carrying of a firearm or other weapon;
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(26) in occupations which involve the handling or
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| storage of human blood, human blood products, human body fluids, or human body tissues;
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(27) in any mill, cannery, factory, workshop, or
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| coal, brick, or lumber yard;
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(28) any occupation which is prohibited for minors
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(29) in any other occupation or working condition
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| determined by the Director to be hazardous.
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(b) No person shall employ, allow, or permit a minor to work at:
(1) any cannabis business establishment subject to
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| the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program Act;
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(2) any establishment subject to the Live Adult
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| Entertainment Facility Surcharge Act;
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(3) any firearm range or gun range used for
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| discharging a firearm in a sporting event, for practice or instruction in the use of a firearm, or the testing of a firearm, except for a scorer age 14 years or older at the World Shooting and Recreational Complex on the dates of the U.S. Open and the Grand American World Trapshooting Championship who is located, during those competitions, at least 15 feet behind the firing line of the trap shooters participating in the competitions;
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(4) any establishment in which items containing
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| alcohol for consumption are manufactured, distilled, brewed, or bottled;
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(5) any establishment where the primary activity is
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| the sale of alcohol or tobacco;
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(6) an establishment operated by any holder of an
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| owners license subject to the Illinois Gambling Act; or
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(7) any other establishment which State or federal
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| law prohibits minors from entering or patronizing.
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(c) An employer shall not allow minors to draw, mix, pour, or serve any item containing alcohol or otherwise handle any open containers of alcohol. An employer shall make reasonable efforts to ensure that minors are unable to access alcohol.
(d) An employer may allow minors aged 14 and 15 to work in retail stores, except that an employer shall not allow minors to handle or be able to access any goods or products which are illegal for minors to purchase or possess.
(e) No person shall employ, allow, or permit an unlicensed minor to perform work in the practice of barber, cosmetology, esthetics, hair braiding, and nail technology services requiring a license under the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, except for students enrolled in a school and performing barber, cosmetology, esthetics, hair braiding, and nail technology services in accordance with that Act and rules adopted under that Act.
(f) A person may employ, allow, or permit a minor to perform office or administrative support work that does not expose the minor to the work prohibited in this Section.
(Source: P.A. 103-721, eff. 1-1-25; 104-16, eff. 1-1-26.)
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(820 ILCS 206/50) Sec. 50. Minors employed in live or pre-recorded, distributed, broadcast performances and modeling. (a) Notwithstanding the provisions of this Act, minors under 16 years of age may be employed as models or performers on live or pre-recorded radio or television, in motion pictures, or in other entertainment-related performances, subject to conditions that may be imposed by rule by the Department. (b) A child performer who works in a television, motion picture, or related entertainment production may be permitted to be at the place of employment, within a 24-hour time period, as follows: (1) Minors who have reached the age of 15 days but |
| have not reached the age of 6 months may be permitted to remain at the place of employment for a maximum of 2 hours. The 2-hour period shall consist of not more than 20 minutes of work.
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(2) Minors who have reached the age of 6 months but
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| who have not attained the age of 2 years may be permitted at the place of employment for a maximum of 4 hours. The 4-hour period shall consist of not more than 2 hours of work with the balance of the 4-hour period being rest and recreation.
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(3) Minors who have reached the age of 2 years but
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| who have not attained the age of 6 years may be permitted at the place of employment for a maximum of 6 hours. The 6-hour period shall consist of not more than 3 hours of work with the balance of the 6-hour period being rest, recreation, and education.
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(4) Minors who have reached the age of 6 years but
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| have not attained the age of 9 years may be permitted at the place of employment for a maximum of 8 hours. The 8-hour period shall consist of not more than 4 hours of work and at least 3 hours of schooling when the minor's school is in session. The studio teacher shall ensure that the minor receives up to one hour of rest and recreation. On days when the minor's school is not in session, working hours may be a maximum of 6 hours and one hour of rest and recreation.
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(5) Minors who have reached the age of 9 years but
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| who have not attained the age of 16 years may be permitted at the place of employment for a maximum of 9 hours. The 9-hour period shall consist of not more than 5 hours of work and at least 3 hours of schooling when the minor's school is in session. The studio teacher shall ensure that the minor receives at least one hour of rest and recreation. On days when the minor's school is not in session, working hours may be a maximum of 7 hours and one hour of rest and recreation.
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(c) Notwithstanding the provisions of this Act, an employer who employs a minor under 16 years of age in a television, motion picture, or related entertainment production may allow the minor to work until 10 p.m. without seeking a waiver from the Department. An employer may apply to the Director, or the Director's authorized representative, for a waiver permitting a minor to work outside of the hours allowed by this Act.
(1) A waiver request for a minor to work between 10
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| p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be granted if the Director, or the Director's authorized representative, is satisfied that all of the following conditions are met:
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(A) the employment shall not be detrimental to
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| the health or welfare of the minor;
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(B) the minor shall be supervised adequately;
(C) the education of the minor shall not be
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(D) the total number of hours to be worked that
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| day and week is not over the limits established in this Act or any rules adopted under this Act.
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(2) A waiver request for a minor to work between
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| 12:30 a.m. and 5 a.m. shall be granted if the Director, or the Director's authorized representative, is satisfied that all of the following conditions are met:
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(A) the employment shall not be detrimental to
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| the health or welfare of the minor;
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(B) the minor shall be supervised adequately;
(C) the education of the minor shall not be
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(D) performance by the minor during that time is
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| critical to the success of the production, as demonstrated by true and accurate statements by the employer that filming cannot be completed at any other time of day;
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(E) the filming primarily requires exterior
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| footage of sunset, nighttime, or dawn;
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(F) the filming is scheduled on the most optimal
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| day of the week for the minor's schooling;
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(G) the employer provides a schedule to the
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| Department of schooling and rest periods on the day before, the day of, and the day after the overnight hours to be worked;
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(H) the age of the minor is taken into account as
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| provided by this Act or any rules adopted under this Act;
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(I) the total number of hours to be worked that
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| day and week is not over the limits established in this Act or any rules adopted under this Act; and
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(J) the waiver request was received by the
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| Department at least 72 hours prior to the overnight hours to be worked.
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(d) An employer applying for the waiver shall submit to the Director, or the Director's authorized representative, a completed application on the form that the Director provides. The waiver shall contain signatures that show the consent of a parent or legal guardian of the minor, the employer, and an authorized representative of a collective bargaining unit if a collective bargaining unit represents the minor upon employment.
(Source: P.A. 103-721, eff. 1-1-25.)
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(820 ILCS 206/55) Sec. 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.
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(2) The application shall be submitted in person by
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| the minor desiring employment, unless the school issuing officer determines that the minor may utilize a remote application process.
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(3) The minor shall be accompanied by his or her
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| parent, guardian, or custodian, whether applying in person or remotely.
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(4) The following papers shall be submitted with the
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(A) A statement of intention to employ signed by
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| 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.
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(B) Evidence of age showing that the minor is of
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| the age required by this Act, which evidence shall be documentary, and shall be required in the order designated, as follows:
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(i) a birth certificate; or
(ii) if a birth certificate is unavailable,
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| 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.
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(C) A statement on a form approved by the
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| 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.
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(D) A statement of physical fitness signed by a
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| 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.
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(5) The school issuing officer shall have authority
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| 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.
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(6) It shall be the duty of the school board or local
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| 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.
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(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
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| 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
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(2) in the judgment of the Director, the employment
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| certificate was improperly issued or if the minor is illegally employed.
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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.
(Source: P.A. 103-721, eff. 1-1-25; 104-417, eff. 8-15-25.)
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