CHAPTER 15
An Act to amend and reenact §§40.1-92, 40.1-93, and 40.1-96
of the Code of Virginia, relating to the issuance of child labor permits.
[H 1681]
Approved February 20, 2013
Be it enacted by the General Assembly of Virginia:
1. That §§40.1-92, 40.1-93, and 40.1-96 of the Code of
Virginia are amended and reenacted as follows:
§40.1-92. Issuance of certificates.
A. The Commissioner shall prescribe the procedures for minors
and employers concerning issuance and maintenance of employment certificates.
The Commissioner may issue certificates both directly and electronically. Employment
certificates shall be issued only by the division superintendent of schools,
or by any person designated by him and by the Department only upon
application in person of the child desiring employment, accompanied.
The employment certificate shall not be valid unless permission is granted
by the a parent, guardian, or custodian of such child
through means specified by the Commissioner. In lieu of a personal
appearance, such parent, guardian, or custodian may submit a notarized
statement granting permission for the employment of the child. The division
superintendent of schools shall designate one person to grant such permits in
every city or county. The person issuing such certificate
Department shall have authority to administer the oath provided for
therein, or to make any investigation or examination necessary for the
issuance thereof. No fee shall be charged for issuing any such certificate nor
for administering any oath or rendering any services in respect thereto.
The officer issuing the certificate shall retain a copy of each such
certificate and all documents connected therewith shall be mailed to the
Commissioner by the end of the week in which the same shall have been issued
for review and approval. The Commissioner shall file and preserve such
certificates and related documents.
B. No person shall, with the intent to assist a minor to
procure employment, make a false statement by any means, including by
submitting falsified forms electronically, to any employer or to any
representative of the Commissioner in order to obtain the issuance of an
employment certificate.
§40.1-93. Proof required for employment certificate.
The person authorized to Department shall not
issue an employment certificate shall not issue such certificate until he
until it has received, examined, approved, and filed the
following papers:
1. Except for work coming within one of the exceptions in §
40.1-79.01, a statement signed by the prospective employer, or someone duly
authorized on his behalf, stating that he expects to give such child present
employment, setting forth the specific nature of the occupation in which he
intends to employ such child, and the number of hours per day and of days per
week which said child shall be employed and of the period for lunch. Such
statement shall be submitted by means specified by the Commissioner; and
2. Proof A statement, signed by the prospective
employer or someone duly authorized on his behalf, submitted by means specified
by the Commissioner, that the employer has verified the age of such minor. The
employer shall procure and keep on file, accessible to the Department or other
authorized persons charged with the enforcement of this chapter, the proof
of age as provided in §40.1-94.
§40.1-96. Contents of employment certificates.
The employment certificate required to be issued shall state
the name, sex, date of birth, and place of residence of the child. It
shall certify that all the conditions and requirements for issuing an
employment certificate under the provisions of this chapter have been fulfilled
and shall be signed by the person issuing it Commissioner. It shall
state the kind of evidence of age accepted for the employment certificate.
Except for work coming within one of the exceptions in §40.1-79.01, the
certificate shall show the name and address of the employer for whom and the
nature of the specific occupation in which the employment certificate
authorizes the child to be employed and shall be valid only for the occupation
so designated. It shall bear a number, shall show the date of its issue, and
shall be signed by the child for whom it is issued in the presence of the
person issuing it by means specified by the Commissioner. It
shall be issued in triplicate, one copy to be mailed to the employer, one copy
to be sent to the Commissioner and one copy to be retained and kept on file by
the issuing officer The employment certificate shall be issued to the
employer, by means specified by the Commissioner, on or prior to the first day
of employment. The employer and Commissioner shall retain a manual or
electronic copy of the certificate, so long as the youth is employed or for a
period of 36 months, whichever is longer.
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