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New York · Through 2026-09-11

N.Y. Education Law § 3216: Employment certificates

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Where this section sits in the code
  1. Education Law
  2. Title 4. Teachers and Pupils
  3. Article 65. Compulsory Education and School Census
  4. Part 1. Compulsory Education

* § 3216. Employment certificates. 1. A student non-factory

employment certificate may be issued to a minor fourteen or fifteen

years of age who is attending day school. The certificate shall be valid

for work in a trade, business or service, but shall not be valid for

work in or in connection with a factory except as provided in

subdivision four of section one hundred thirty-one of the labor law.

2. A student general employment certificate may be issued to a minor

sixteen or seventeen years of age who is attending day school. It shall

be valid for work in or in connection with a factory or any other trade,

business or service.

3. A full-time employment certificate may be issued to a minor sixteen

or seventeen years of age who is not attending day school or who

declares his intention to leave day school for full-time employment. It

shall be valid for work in or in connection with a factory or any other

trade, business or service. A full-time employment certificate also may

be issued to a minor who is a graduate of a four-year high school, but

if such minor is under sixteen years of age the certificate shall not be

valid for work in or in connection with a factory except as provided in

subdivision four of section one hundred and thirty-one of the labor law.

4. A limited employment certificate may be issued as provided in

subdivision two of section thirty-two hundred twenty of this article.

5. A special employment certificate may be issued as provided in

section thirty-two hundred twenty-five of this article.

6. An employment certificate shall be valid not only for the initial

employment but also for subsequent employments in work permitted by the

particular type of certificate.

7. An employment certificate shall expire two years from the date of

its issuance, except as otherwise provided in this article. No

employment certificate shall be valid for employment in violation of any

provision of the labor law or rules issued thereunder.

8. An employment certificate shall be kept on file at the place of the

minor's employment and shall be returned to the minor when the

employment terminates.

* NB Effective until May 9, 2027

* § 3216. Employment certificates. 1. A student non-factory employment

certificate may be issued to a minor fourteen or fifteen years of age

who is attending day school. The certificate shall be valid for work in

a trade, business or service, but shall not be valid for work in or in

connection with a factory except as provided in subdivision four of

section one hundred thirty-one of the labor law.

2. A student general employment certificate may be issued to a minor

sixteen or seventeen years of age who is attending day school. It shall

be valid for work in or in connection with a factory or any other trade,

business or service.

3. A full-time employment certificate may be issued to a minor sixteen

or seventeen years of age who is not attending day school or who

declares their intention to leave day school for full-time employment.

It shall be valid for work in or in connection with a factory or any

other trade, business or service. A full-time employment certificate

also may be issued to a minor who is a graduate of a four-year high

school, but if such minor is under sixteen years of age the certificate

shall not be valid for work in or in connection with a factory except as

provided in subdivision four of section one hundred and thirty-one of

the labor law.

4. An employment certificate shall be valid not only for the initial

employment but also for subsequent employments in work permitted by the

particular type of certificate, provided that the minor has updated

their electronic registration to reflect the subsequent employer as

required by section one hundred thirty-five of the labor law.

5. An employment certificate shall expire two years from the date of

its issuance, except as otherwise provided in this article. No

employment certificate shall be valid for employment in violation of any

provision of the labor law or rules issued thereunder.

6. An employment certificate shall be kept on file at the place of the

minor's employment or be readily accessible to any person authorized by

law to examine such document in accordance with the recordkeeping

requirements set forth in section one hundred thirty-five of the labor

law.

* NB Effective May 9, 2027

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