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You Are Here: creation process: pre production: legal stuff: Child Labor Laws

Child Labor Laws

Overview
Waivers
Minors and Stunt Work
How to Apply for an Employment Certificate
Out of State Minors

Minors Under Sixteen (16) working in the Entertainment Industry. A violation shall be charged under Section 8.1 of the Act for each
minor employed:

a) for whom an employment certificate has not been issued.

b) who is on set without the presence of the parent or guardian.

c) who is on set in excess of eight (8) hours per day or forty-eight (48) hours per week, except minors under seven (7) years of age shall not be on set in excess of six (6) hours per day or thirty-six (36) hours per week. Does not include a 1/2 hour meal break or a one hour recreation period.

d) does not receive a 1/2 hour meal break period after working five (5) or more continuous uninterrupted hours.

e) who is on set in excess of six (6) days in a week.

f) who is on set before 6:00am or after 7:00pm on any day. Any exception to this rule must be applied for through the Department of Labor. Please contact the Illinois Film Office for more information.

g) who fails to attend school or receive educational services as provided by the Illinois School Code.

h) who is not provided with a twelve (12) hour rest break at the end of his or her work day and prior to the commencement of his or her next day of work or school.

i) who is not provided with separate and adequate facilities for rest, schooling, and recreation. (Back to top)



Waivers:

a) A waiver may be obtained for night filming activity. A waiver form may be obtained from the Illinois Film Office for filming after 7:00pm. The waiver must be completed and signed by the parent or guardian then submitted to the Compliance Processing Department, attention Ann Harrison, at the Department of Labor by 12:noon on the day the filming activity is to take place. The Department of Labor telephone number is 312/793-2800, completed waiver forms may be faxed to 312/814-1210 or 312/793-5257.

b) No waivers for extending work day or extending number of hours per day. (Back to top)



Minors: Athletic or Acrobatic Activity and Stunts:

It shall be a violation of the Act to require a minor performing in any theatrical, television and/or motion picture production to perform any unusual athletic or acrobatic activity or stunts unless the minor and parent or guardian represent that the minor is capable of performing such activity and the parent or guardian gives prior consent in writing. Provided no minor shall be required to work in any hazardous situation which places him or her in a clear and present danger to life or limb, regardless of any parental consent.

For further information concerning Illinois Child Labor Statutes, contact the Illinois Film Office at 312/814-3600. (Back to top)



How to Apply for an Employment Certificate:

Children under the age of 16 are required by Illinois law to have an employment certificate. Contact a local high
school in your area to determine if they will issue a permit for your minor. Certificates can be obtained at the following Chicago locations:

During the school year:
All year:
6323 N. Avondale
773-554-1100

2021 N. Burling
773-534-8230

231 N. Pine
773-534-6284

10 W. 35th Street
773-534-9082

6130 S. Wolcott
773-535-9570

10541 S. Aberdeen
773-535-2600
Chicago Public Schools
Department of Truancy Prevention
125 South Clark
Suite 1016
Chicago, IL
Attention Ronald Beavers
Telephone: 773/553-2180
Fax: 773/553-2181 from 9:00am to 4:00pm.


You must call to confirm location prior to your visit, the office may move due to construction at the Board of Education.

Please note that the permit must be renewed annually. We suggest renewal on the minor's birthday. (Back to top)



Out of State Minors:

Children who are residents of states other than Illinois must obtain an Illinois Employment Certificate while working in Illinois. This permit, granted through a local educational institution, would be valid for the entire State.

ALL DOCUMENTS MUST BE PRESENTED IN PERSON BY BOTH THE PARENT/LEGAL GUARDIAN AND THE MINOR WHEN APPLYING FOR A PERMIT. THE FOLLOWING DOCUMENTATION IS REQUIRED:

1. Employer's Statement of Intention to Employ

a.The letterhead stationery of the employer should be used.
b.The letter must state the type of work and the work schedule.
c.The letter must be signed by the employer or agent.
d.If employment will require the minor to be absent from school for more than 3 days, tutoring must be provided for at least 3 hours per school day by a tutor who holds state certification in any state. If a tutor is required, the employer's letter must include the tutor's name, the tutoring schedule, and the tutoring location. A copy of the tutor's teaching certification must accompany the letter.

2. Proof of Age

a.A Birth Certificate issued by the City, County, State, or a Hospital is preferred. (Xerox copies not acceptable)
b.If a certified copy of the birth certificate is not available, any one of the following will be accepted as documentary proof of age:

Baptismal Certificate
Insurance Policy*
Alien Registration Card
Passport
Bible Record*
Notice of Birth
Registration
Other Documentary Proof of Age*

*These documents must be at least one year old to be acceptable.

NOTE: If the applicant's name on the employer's letter differs from that shown on the proof of age presented, an affidavit must be completed by the parent or guardian.

Affidavit forms are available from:

The Department of Truancy Prevention
125 South Clark
Suite 1016
Chicago, Illinois

3. Parental Approval

A written statement that the parent approves the employment of the young person for the particular job must be provided.

4. Social Security Number

Please have the minor's social security number available when applying for a permit; a copy of the application for a social security number is also acceptable.

5. Medical Statement

A written statement from a physician must be presented which indicates that on the basis of an examination performed within one year of the date of application that the child is physically fit to be employed in all legal occupations.

6. Principal's Statement

During the school year, if the applicant is age six or older, the applicant's home school must supply letter on school letterhead stating minor is full-time student and the hours the child is in school and signed by the principal.

(Back to top)



Excerpted from: http://www.filmillinois.state.il.us/legal/child.htm

This article was acquired on the "fair use" basis. We encourage you to visit the source website for more information on this subject.


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