Michigan Youth Employment – Child Labor Requirements

Youth Employment Standards Act 90 of 1978 defines a minor who is less than 18 years of age, including but not limited to employees, volunteers, independent contractors and performing artists.

Student Worker

Minors under 18 years of age must obtain a work permit or a written agreement or contract entered into between the employer and the governing school district, public school academy, or nonpublic before starting work. Work permits can be obtained from the issuing school officer (the chief administrator of a school district, intermediate school district, etc.) the minor attends or the school district where the minor will be employed. If the minor changes jobs, a new work permit is required for the new employer. A work permit may be revoked for poor academic performance. A work permit is required even if the minor is home/cyber/virtual/online schooled, does not attend school, or out-of-state resident.

Work permits are no longer available for bulk purchase from Michigan Center for Career & Technical Education; work permits are available for printing or download below.  Note: CA-6 work permits must be printed, front and back, on pink paper and CA-7 work permits must be printed, front and back, on yellow paper to be valid.

Youth Employment Forms Packet
Youth Employment Standards Rules
Standards for Issuance of Work Permits
Standards for Issuance of Work Permits Checklist
Legislative link to the Youth Employment Standards Act 90
CA-6 Work Permit (must be printed pink and front to back)
CA-7 Work Permit (must be printed yellow and front to back)

WHO NEEDS A WORK PERMIT (INCLUDING SUMMER)
Minors under the age of 18 cannot be employed or permitted to work, with or without pay, volunteer or independent contractor until the person, company, business, firm or corporation proposing to employ the minor obtains and keeps on file at minor’s place of employment a current and valid age and color appropriate work permit, which has been issued by an issuing officer of the school district, intermediate school district, public school academy or nonpublic school prior to starting work.
Compulsory School Attendance “…The law in Michigan governing co,pulsory attendance requires a parent, legal guardian, or other person having control or charge of a child…who was age eleven before that date and entered grade 6 in 2009 or later shall attend school from age six to eighteen…”

Whether minor is:

  • homeschool
  • cyber school
  • virtual school
  • online school,
  • obtaining G.E.D.
  • out-of-state resident
  • not attending school

Minors under the age of 18 are required to have a work permit prior to starting work.

If a minor comes from another state to work in Michigan, the minor should bring an official birth certificate and an unofficial transcript from the previous school attended which includes the school’s complete name, address, city, state, zip code, county and telephone number.

HOW TO OBTAIN WORK PERMIT

The minor first must go in person to a school district, intermediate school district, public school academy or nonpublic school official designated as an issuing officer and provide one of the following acceptable forms of evidence of age:

Minors seeking employment who are homeschooled shall be issued a work permit by the issuing officer of the school district, intermediate school district, public school academy, or nonpublic school in which the minor’s residence or prospective employer is located.  The minor must present a signed, written statement from the parent or guardian, as the instructor of record, indicating how many hours per week the student is being homeschooled.  The issuing officer will review the parent/guardian statement and issue the work permit with those hours reflected.  The issuing officer will attach the parent/guardian statement to the work permit and keep a copy of the statement with their copy of the work permit filed at the school.

  • A certified copy of birth record or other proof of age showing the place and date of birth
  • A certified copy of valid operator’s license issued by this state showing date of birth
  • The school record or the school census record
  • The sworn statement of minor’s parent/guardian and statement from physician

The minor and parent/guardian must complete Section I of the work permit in its entirety (all areas must be completed).

The minor then takes the work permit to the employer, after completing Section I, and the employer must complete Section II of the work permit, in its entirety (all areas must be completed including listing all work the minor will be performing, equipment and/or tools minor will use, starting and ending hours to be worked, number of days per week to be worked and number of hours per days to be worked, etc).

The minor must take the work permit, after the employer has completed Section II, in person to a school district, intermediate school district, public school academy or nonpublic school official designated issuing officer for review and to complete section III.

The issuing officer must copy the work permit and place the work permit in the minor’s permanent school file and return the original work permit to the minor.

The minor must give the original work permit (after the designated official issuing officer has reviewed and approved by signing and dating) to the person, company, business, firm or corporation prior to start of work which is kept on file at the minor’s place of employment.

HOW TO OBTAIN AN APPLICATION FOR PERFORMING ARTS AUTHORIZATION

An “Approved” Application for Performing Arts Authorization form is needed from this department for all minors between the ages of 15 days old to 17 years prior to any performance (modeling, live stage, dancing, singing, filming, taping, etc.).  The company, the payroll company that is paying the minors and the extras, and the production company must submit a current and valid workers’ compensation insurance certificate along with the Application for Performing Arts Authorization form for each minor at least 10 days prior to start date and time of rehearsal and performance to this office for processing.

The “Approved” Application for Performing Arts Authorization form is needed for each minor, written parent/guardian permission statement, and the “Posting Requirements” must kept on-site at minor’s place of employment/performance.  All records required by the Act 90 of 1978 must be maintained and made available for inspection by an authorized representative of the Department and the employment must be in compliance with all provisions of the Act.

Application for Performing Arts Authorization Form (2 pages)

Michigan Penal Code (Excerpt) Act 328 of 1931

When both federal and state laws apply the more stringent standard must be observed

Migraine Headaches – The bane of FMLA world for Employers

Of all the various “serious health conditions” which are FMLA-qualifying events, the “migraine headache” has employers twisting and turning…trying to figure out how to deal with the ever-increasing numbers of employees allegedly suffering from chronic migraines. Now, before anyone accuses me of being “heartless” or “unsympathetic” (other than a plaintiff’s attorney) to the plight of those truly suffering from this chronic condition, let’s review some facts.  Under current FMLA law, Sections 825.112 spells out exactly what qualifies for FMLA leave, either a solid block of leave or intermittent leave.  FMLA Section 825.113 further defines exactly what constitutes a “serious health condition.”  And, folks, chronic migraine headaches are included and recognized as a “serious health condition” which incapacitizes an individual under FMLA.

And, here’s where it gets even more frustrating for employers.  In accordance with FMLA Section 825.115(f), “Absences attributable to incapacity under FMLA…qualify for FMLA leave even though the employee or covered family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than 3 consecutive, full calendar days…”  So, how do you spell “migraine”:  FMLA.  And, in fact, we’ve come to the point under FMLA where migraine headaches are practically synonymous with FMLA leave.

How to Control FMLA Employee Abuse – Migraines or Otherwise

Here are a few tips for employers or HR functions to use to control FMLA abuse:

(1)  Insure that employees complete an Initial FMLA Certification. If the employer requests medical certification, the employee must provide a complete and sufficient certification at his/her expense, generally within 15 calendar days after the employer’s request.

(2)  Don’t accept incomplete or insufficient certifications.  A certification is considered “incomplete” if one or more of the applicable entries on the form have not been completed.  A certification is considered “insufficient” if the information provided is vague, unclear, or nonresponsive.  In writing, inform the employee what’s deficient, and require that it fixed within a reasonable period of time.

(3)  Get a second opinion.  An employer who has reason to doubt the validiity of a medical certification has the right, and may require the employee to obtain a second medical opinion (cannot use company medical personnel nor anyone affiliated with employer) at the employer’s expense.

(4)  Recertify.  In general, the employer may request the employee to provide a recertification no more often than every 30 days and only in connection with an absence by the employee.  However, one exception to the rule is when the employer receives information that causes it to doubt the employee’s stated reason for the absence or the continuing validity of the existing medical certification.  Then, the employer can request recertification sooner.

Also, remember that an employee who needs FMLA leave time does NOT need to use any sort of magic language or formally request FMLA leave.  The employee doesn’t even need to say “FMLA”.  If the employee s provides enough information, either verbally or in writing, about his/her serious health condition to inform you that said employee may need FMLA leave, ALWAYS treat that request the same as you would for someone who specifically requests FMLA leave.

Or, if you welcome lawsuits or legal action, then ignore the above “advice.”

US Dept of Labor – Wage and Hour Division Resources for Employers & Employees

US Capitol - Government building Royalty Free Stock ImagesFederal Labor Law Consultants is providing the following hyper link to the US DOL’s Wage and Hour Division website to  provide valuable guidance and resources to both employers and to employees regarding a host of federal labor subjects.   This link will also provide immediate access to all of the US DOL/WHD’s library of FACT SHEETS which “translate” all the “legalese” and are written in easy-to-understand English (also available in Spanish, and other languages) and are listed in alphabetical order by subject matter.

It is highly recommended that employers become familiar with the “common core” of FACT SHEETS offered. For example, Fact Sheet #17A deals with defining and explaining certain Executive Exemptions (salaried exempt) which every business owner should be familiar with.  Fact Sheet #21 deals with Recordkeeping…again which every business owner MUST be familiar with in order to retain and maintain certain minimum records required under the Fair Labor Standards Act as well as the length of time those respective records should retained for. Fact Sheet #22 deals with Overtime issues….how to define it…and how to apply and calculate it correctly.  Fact Sheet #77 deals with the Prohibition of Retailiating against employees for a variety of reasons.  Employers can also find various Fact Sheets on Davis-Bacon and Related Acts (DBRA) for federally-funded construction work projects.

Other Fact Sheets are also available on the McNamara-O’Hara Service Contracts Act (SCA) for Mail Haulers. And, yet other Fact Sheetsare available on Health Care subject for those employers/employees operating or working in hospitals, medical practices, home healthcare, assisted living, nursing homes, and adult foster care facilities.

https://www.dol.gov/WHD/foremployers.htm#interp

If you are simply interested in Fact Sheets, then please go to www.dol.gov    In the upper right hand corner of the first page, you will see a “search box”.  Type in:  “Fact Sheets”  and you will then be taken to a page where you will see Fact Sheets listed approximately 1/3 down the page.  Click on Fact Sheets..and the same Fact Sheet listing will appear as explained above.

In addition to Fact Sheets, this resource page will also provide invaluable information on “Forms” which employers and employees may access such as:  WH-347, Certified Payroll forms required by federal law and  used by contractor employers on federally-funded Davis Bacon construction project work.  Employers and employees may also find all of the required Family and Medical Leave Act (FMLA) forms used by both employers covered under FMLA and also by employees.