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Maine minor work permits: 5 rules for shift files

Shiftpedia Editorial Team · Posted · Last checked · 9 min read

In Maine, the employer shall keep all minor employees' work permits on file and accessible to enforcement officers, according to Maine Legislature.

Key takeaways on Maine work permits

  • Check that every minor employee's permit is in the employer's file.
  • Confirm the school certificate has reached the superintendent when school is not in session.
  • Review the minor's summer permits before planning summer shifts.
  • Check whether the superintendent has requested a physician certificate.
  • Keep written revocation notices with the permit records.

Why permits come before the schedule

A teen's name should reach the weekly roster only after the permit file is complete. That order is an editorial recommendation, and it fits the record-keeping duty in the statute. A practical rule is to have the file in place before the first shift rather than after it.

Managers who schedule teens can make the permit check a line item in the same step where they confirm availability, so no teen is placed on a shift without a permit copy in the file. Before a name is entered on the roster, the file should show the permit, any school certificate that applies, and any physician certificate the superintendent has requested. The same check applies to every new teen hire and to every returning teen whose file may be out of date.

A single file for each minor lets a manager produce the documents without searching through the schedule or old email. The statute speaks of permits being accessible, so a manager can treat the file as something to pull on request rather than something to reconstruct later. Placing the permit check beside the roster entry also means the paperwork and the scheduled hours can be read together. For the roster step that follows, see teen shift eligibility checks before roster entry.

School certificate when school is not in session

A manager should confirm whether school is in session before the teen's first shift. The certificate rule applies when school is not in session. The wording used there, according to Maine Legislature, is: "If school is not in session, the minor must furnish to the superintendent a certificate signed by the principal of the school last attended showing that the minor has satisfactorily completed kindergarten to grade 8 in the public schools or their equivalent."

The signer named in that rule is the principal of the school last attended, not the employer. A manager therefore should not treat the employer's own records as a substitute for that document. If the teen brings a copy, the copy goes into the file with the permit so both documents sit in one place.

Under that rule the minor furnishes the certificate to the superintendent, so the manager's job is to confirm that the teen has one on record and to file the copy the teen supplies. The rule names a certificate about kindergarten to grade 8, so a manager should look for that document specifically rather than a different school record. The name of the school last attended belongs on the teen's file, because it lets a manager match the certificate to the principal who signed it when a question comes up. Because the rule turns on whether school is in session, a manager should recheck that status on each new start date instead of relying on the answer recorded at hire. For hour entries by age, see minor work hours by age.

Who signs and how many summer permits

The wording on the designation, according to Maine Legislature, is: "The superintendent may designate a school official to sign a work permit and that official is directly responsible to the superintendent for this activity." When a designated official signs, the official's name belongs in the teen's file next to the permit.

A manager should know who holds the designation before accepting a signed permit. A manager should compare the signer's name with the name recorded on file, and set aside any permit whose signer does not match. Because the designation is a choice the superintendent makes, the file should show whether the superintendent or a designated official signed, rather than assuming one or the other.

The summer rule uses a count, and the wording, according to Maine Legislature, is: "The superintendent may sign 2 work permits for the minor for the summer vacation period." A manager reviewing a teen's file should compare the number of summer permits on hand against that count. A short list of each teen's permits, with the period each one covers, makes that comparison quick. The superintendent's office shall distribute the work permit to the minor, according to Maine Legislature. A manager planning a summer roster can list each teen's permits beside the dates the teen is expected to work, so the permit count and the scheduled period can be read on the same page.

Physician certificate in doubtful cases

The superintendent may require a physician certificate in doubtful cases. The certificate, according to Maine Legislature, is signed by a physician appointed by the school board, states that the minor has been examined, and says the minor is "physically able to perform the work the minor intends to do." The same certificate covers the minor's development, stating in the physician's opinion whether the minor has reached the normal development of a minor of the same age and is in sufficiently sound health, according to Maine Legislature.

A manager should not assume every teen will need one. If the superintendent's office asks for this certificate, the signed copy goes with the permit and the date it was received should be noted. Keeping the physician certificate with the permit lets a manager produce both documents together when a request comes in. If a physician certificate has been asked for but is not yet on file, the manager should treat the file as incomplete until it arrives.

When a certificate does arrive, a manager should read it against the points the statute names. If the copy does not state that the minor has been examined, or does not address the minor's development and physical ability to do the intended work, the gap should be written in the file and the question sent back to the superintendent's office. Recording the physician's name and the school board that appointed the physician also helps a later reviewer see who signed the document.

A manager who has questions about why a case is doubtful should direct them to the superintendent's office rather than settling the question on the schedule.

Employer file and revocation notices

A single file for each minor, holding the permit and any certificate, is a practical way to keep the documents together. The file should include every minor on the current schedule, not only the teens hired most recently, since the duty covers the employer's minor employees. A simple checklist inside the file, listing the permit, any school certificate, any physician certificate, and any revocation notice, lets a manager see at a glance what is on file for each minor.

When a permit is replaced, the earlier copy should stay in the file rather than being discarded. Dating each entry in the checklist shows the sequence of documents without relying on memory.

Revocation runs in the other direction, and the wording, according to Maine Legislature, is: "The superintendent shall notify the director and the minor's employer in writing upon revoking a minor's work permit." A written revocation notice belongs in the teen's file alongside the permit, and questions about what the notice means go to the superintendent's office. A manager should check the file for it when a permit's status is in question. When a notice arrives, the date it was received should be noted beside the permit so the file shows the sequence of events.

Illustrative example: checking the roster files

A manager reviews 10 teen files before posting the roster. Each file contains a permit copy, so the check finds 0 missing copies. The manager then checks whether any school or physician certificate needs follow-up and notes any question for the superintendent's office. For a file needing follow-up, the manager records which certificate is missing and asks the superintendent's office about it before entering the teen's name on the roster for summer shifts.

Exceptions and rule authority

Not every role falls under these steps. The exclusion, according to Maine Legislature, reads that the section does not apply to minors engaged in "planting, cultivating or harvesting of field crops," to minors in "other agricultural employment not in direct contact with hazardous machinery or hazardous substances," and to minors engaged in "household work." Before applying the steps in this article, a manager should confirm whether the teen's role is one of those.

A manager should check each teen's duties against the exclusion before deciding the section does not apply. A teen with a mix of field tasks and other tasks needs the same review, since the label on the job does not settle the question.

A manager should check the teen's actual duties against that wording rather than the job title. If the teen's role is one of the excluded kinds, the reason for the exclusion belongs in the file so the decision can be explained later.

The director also has rule-making power, and the wording, according to Maine Legislature, is that the director may make rules "not inconsistent with this subchapter." Those rules are adopted pursuant to Title 5, chapter 375, subchapter 2-A, according to the same Maine Legislature page. Before the file is finalized, a manager should look for any rules the director has adopted. For a separate set of checks before a shift, see minor job restrictions before a shift.

Next step: check that every minor on next week's schedule has a permit copy in your file.

Minor permit questions

Who signs a work permit?

A work permit bears the superintendent's signature or that of a designated school official. A manager should record the signer's name in the teen's file so the designation can be checked later.

How many summer permits may be signed?

The summer count is 2 work permits for the summer vacation period. A manager should check the permits on file against that count and that period before summer shifts begin. Permits that fall outside the period are a separate question to raise with the superintendent's office.

Where must the employer keep permits?

Keep the permit file in a place where it can be produced on request. Check that the manager handling a request knows where to find it.

Who is notified if a permit is revoked?

The director and employer receive written notice under the revocation rule above. This article does not give legal advice on a revocation, so questions about its effect belong with the superintendent's office.

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