SECTIONS 49110-49119 - California Statutes

EDUCATION CODE

SECTION 49110-49119

49110. (a) It is the intent of the Legislature that school
district, charter school, and private school personnel responsible
for issuing work permits to pupils have a working knowledge of
California labor laws as they relate to minors and be trained to
provide pupils with practical personal guidance in career education.
(b) Any of the following individuals may issue a work permit to a
minor subject to the requirements and conditions of this chapter:
(1) The superintendent of a school district in which the minor
resides.
(2) The chief executive officer, or the equivalent position, of a
charter school that the minor attends.
(3) A person holding a services credential with a specialization
in pupil personnel services authorized by the superintendent of the
school district or chief executive officer in writing, or a
certificated work experience education teacher or coordinator
authorized by the superintendent of the school district or chief
executive officer in writing.
(4) If the minor resides in a portion of a county not under the
jurisdiction of the superintendent of a school district and does not
attend a charter school, the county superintendent of schools, a
person holding a services credential with a specialization in pupil
personnel services authorized by the county superintendent of schools
in writing, or a certificated work experience education teacher or
coordinator authorized by the county superintendent of schools in
writing may issue a work permit.
(5) Subject to the requirements and conditions in subparagraphs
(A) to (C), inclusive, the principal of a public or private school
may issue, or designate another administrator in the school to issue,
work permits to pupils who attend the school. If the principal of a
public or private school chooses not to issue work permits pursuant
to this paragraph, work permits may be issued to pupils attending
that school pursuant to paragraph (1), (3), or (4) or Section
49110.1.
(A) A principal who issues a work permit pursuant to this
paragraph shall provide a self-certification that he or she
understands the requirements in existing law for issuing a work
permit. The principal shall submit a copy of each work permit he or
she issues along with a copy of the application for each work permit
to the superintendent of the school district in which the school is
located.
(B) The superintendent of a school district may revoke a work
permit issued by the principal of a public or private school located
within the district if the superintendent becomes aware of any
grounds upon which the pupil may be deemed ineligible for a work
permit under existing law.
(C) An individual with authority to issue a work permit pursuant
to this subdivision shall not issue a work permit to his or her own
child.
(c) A work permit shall not be issued until the written request
for the permit from the parent, guardian, foster parent, caregiver
with whom the minor resides, or residential shelter services
provider, has been filed with the issuing authority. "Residential
shelter services" refers to residential and other support services
provided to minors by a governmental agency, a person or agency under
contract with a governmental agency to provide these services, an
agency receiving funding from community funds, or a licensed
community care facility or crisis resolution center on a temporary or
emergency basis in a facility that services only minors.
(d) If the certificated person designated to issue work permits by
the superintendent of a school district or the chief executive
officer, or the equivalent position, of a charter school is not
available, and delay in issuing a permit would jeopardize the ability
of a pupil to secure work, another person authorized by the
superintendent of the school district or the chief executive officer,
or the equivalent position, of a charter school may issue the work
permit.
(e) If a school district or charter school does not employ or
contract with a person holding a services credential with a
specialization in pupil personnel services or with a certificated
work experience education teacher or coordinator, the superintendent
of the school district or the chief executive officer, or the
equivalent position, of a charter school may authorize, in writing, a
person who does not hold that credential to issue work permits
during periods of time in which the superintendent is absent from the
district or the chief executive officer is absent from the charter
school.
(f) Notwithstanding the hour limitations imposed by this chapter
or any other provision of law, the hour limitations that apply to a
work permit issued by any of the individuals described in subdivision
(b) shall be based on the school calendar of the school the pupil
attends.

49110.1. The superintendent of any school district may designate
the principal or other person having charge of a private school
within the district, in which pupils are enrolled pursuant to Section
48222, as a person authorized to issue work permits to pupils of the
school, in accordance with this chapter. Where the pupil resides in
a portion of the county not under the jurisdiction of the
superintendent of any school district, the county superintendent of
schools may designate the principal or other person having charge of
a private school as the person authorized to issue such work permits.
The superintendent of the school district, or the county
superintendent of schools as the case may be, shall periodically
ascertain that the designated person has complied with the
requirements of this chapter pertaining to issuing authorities.

49111. A permit to work may be issued to any minor over the age of
12 years and under the age of 18 years to be employed on a regular
school holiday, during the regular vacation of the public school,
during such time as the minor is exempt from compulsory school
attendance pursuant to Section 48231, and during the period of a
specified occasional public school vacation in any of the
establishments or occupations not otherwise prohibited by law.

49112. (a) Except as provided in subdivisions (b) and (c), a permit
to work may be issued to a minor who has completed the equivalent of
the 7th grade in a public school course to work outside of school
hours for a period of time not to exceed three hours in any day while
school is in session if the minor is 14 or 15 years of age, or four
hours in any day in which he or she is required by law to attend
school if the minor is 16 or 17 years of age.
(b) Notwithstanding subdivision (a), a permit to work may be
issued, at the school district's discretion, to a minor 13 years of
age if he or she has completed grade 6, has been identified by the
school district in which he or she is enrolled as exhibiting the
potential to drop out of school, and is a participant in an
employment program that is conducted on school premises and sponsored
by one or more school districts, provided the program serves to
foster the development of an appreciation by the pupil of the
importance of education in preparing a pupil for future education and
employment. The permit shall limit the period any minor age 13 may
work pursuant to this subdivision to two hours on any given day, up
to a maximum of four hours each week.
(c) A permit to work may also be issued to a minor age 16 or older
to work outside of school hours for a period of time not to exceed
eight hours in any day in which the minor is required by law to
attend school and which is immediately prior to a nonschoolday.
(d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.

49113. A permit to work may be issued to a minor who is under the
age of 18 years and over the age of 14 years who is regularly
enrolled in a high school or community college or who has been
assigned to a vocational course in a place of employment, and who
will work part time as a properly enrolled pupil in a work experience
education course that meets all the requirements of such course as
provided in Sections 51760 to 51769, inclusive.

49114. The person authorized to issue permits to work or to employ
may issue to any minor a certificate of age when the minor
accompanied by his parent, guardian, or other person in control or
charge of the minor, presents to the authority, the evidence of age
specified in this chapter. The certificate of age shall serve as a
permit to employ a minor who is not by law required to attend school,
and who is otherwise required to hold a permit to work.

49115. The permit to employ shall contain:
(a) The name, age, birth date, address and phone number of the
minor.
(b) The place and hours of compulsory part-time school attendance
for the minor, or statement of exemption therefrom, and the hours of
compulsory full-time school attendance for the minor, if the permit
is issued for outside of school hours.
(c) The maximum number of hours per day and per week the student
may work while school is in session.
(d) The minor's social security number.
(e) The signature of the minor and the issuing authority.
(f) The date on which the permit expires.

49116. (a) While school is in session, an employer shall not employ
a minor 14 or 15 years of age for more than three hours in any day,
nor more than 18 hours in any week, nor during school hours, except
that a minor enrolled in and employed pursuant to a school-supervised
and school-administered work experience and career exploration
program may be employed for no more than 23 hours, any portion of
which may be during school hours.
(b) An employer shall not employ a minor 16 or 17 years of age for
more than four hours in any day in which that minor is required by
law to attend school for 240 minutes or more, except as follows:
(1) The minor is employed in personnel attendance occupations, as
defined in the Industrial Welfare Commission Minimum Wage Order No.
15, school-approved work experience, or cooperative vocational
education programs.
(2) The minor has been issued a permit to work pursuant to
subdivision (c) of Section 49112 and is employed in accordance with
the provisions of that permit.
(c) If evidence is shown, to the satisfaction of the authority
issuing the permit to work, that the schoolwork or the health of the
minor is being impaired by the employment, that authority may revoke
the permit.
(d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.

49117. All permits to work or to employ, all certificates of age,
and certificates of health pursuant to this chapter, shall be issued
on forms prepared and provided by the Superintendent of Public
Instruction. Local school districts authorized to issue permits to
work may be authorized by the Superintendent of Public Instruction to
produce permits to work.

49118. Permits to work issued during the school year shall expire
five days after the opening of the next succeeding school year.

49119. Nothing in this article shall require a minor to obtain a
permit to work in order for such minor to participate in horseback
riding exhibitions, contests or events specified in paragraph (3) of
subdivision (b) of Section 1308 of the Labor Code.