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Employing a nanny legally

Employing a nanny legally

Old Jul 6th 2011, 5:24 pm
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Default Employing a nanny legally

Hi all,

Thanks for your help recently regarding hosting an Au Pair, it transpires that to host you have to be a permanant resident/US citizen.

So whilst I see whether going down the green card route is viable I have another question for you.

Has anyone (who is on any type of non-permanant resident visa) employed a nanny (on the books) whilst living in US? If so, do you have particular nanny agency recommendations and advice regarding the employment taxes, healthcare liability, other things that I would need to consider?

Having only 12 weeks maternity leave makes the search for reliable, legal childcare more pressing

Ta muchly
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Old Jul 6th 2011, 5:51 pm
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Default Re: Employing a nanny legally

go through a agency, nanny website type thing for background checks...but you can find on craigslist o local paper, or put a flyer up at the library or other parent/kid type hang out.

The taxes, don't know what you'd do for that, nor if there's any state specifics that you'd do, especially if you wanted to claim the expenses against your taxes, but the nanny would probably be considered a contractor and would file taxes quarterly.

No idea about the medical insurance, you probably don't have to worry nor care about that unless there's something specific to the state you're in.

Possibly look into liability insurance cover, if something were to happen to do with your kids whilst out with the nanny.

And 12 weeks maternity cover, that's good going! That's more than double than my way, which isn't even paid
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Old Jul 6th 2011, 6:02 pm
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Default Re: Employing a nanny legally

If you look on www.irs.gov the tax requirements are there, basically there is a special type of EIN you have to get and then you have to do FICA withholding for them. http://www.irs.gov/pub/irs-pdf/p926.pdf

However if you use an agency, then the agency pays the worker and you pay the agency so all you have to do is pay their invoice.

Can't see why being in a non-immigrant category would make a difference. You're hiring someone to work for you rather than you working, so even if you were H-4 for example it wouldn't matter. The only thing that crossed my mind is that if you employ them directly then you will be considered an employer and engaged in a business so that might technically violate your work authorization (depending on what it is, if it's an open-ended EAD like L-2 or E-2 spouse it wouldn't), but it's a stretch, have a chat with USCIS about it if you plan on doing it that way.
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Old Jul 6th 2011, 6:12 pm
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Default Re: Employing a nanny legally

Thanks for the feedback so far. So if I go through an agency I would hope that they would cover the bulk of things and I just pay them. Will research that.

I am on an L1-A, my husband the L-2 so hopefully either one of us could be an employer potentially. I too worried about becoming an employer in terms of how that would affect my status.

@ Bob 12 weeks off - yes...12 weeks paid - if only!!!
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Old Jul 6th 2011, 6:52 pm
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Default Re: Employing a nanny legally

Originally Posted by emiwar View Post
Hi all,

Thanks for your help recently regarding hosting an Au Pair, it transpires that to host you have to be a permanant resident/US citizen.
emiwar, it would be great if you could update your au pair thread with the info you gained. I haven't seen that topic come up before, and it would be handy to have it all in that one thread if someone wonders in the future.
thanks!
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Old Jul 6th 2011, 7:05 pm
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Default Re: Employing a nanny legally

Hi meaxuna, no probs have done so just now. Thanks for the prompt.
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Old Jul 6th 2011, 7:05 pm
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Default Re: Employing a nanny legally

If both of you are working, you can get a child care tax credit of up to $3,000 per year for one child and $6,000 per year for 2 or more children or 35% of your child care expenses which ever is less. This is a tax credit so it is subtracted from taxes owed.

The tax credit is available to all who are residents for tax purposes.

http://www.irs.gov/newsroom/article/...106189,00.html
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Old Jul 6th 2011, 7:07 pm
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Default Re: Employing a nanny legally

Originally Posted by emiwar View Post
Thanks for the feedback so far. So if I go through an agency I would hope that they would cover the bulk of things and I just pay them. Will research that.

I am on an L1-A, my husband the L-2 so hopefully either one of us could be an employer potentially. I too worried about becoming an employer in terms of how that would affect my status.

@ Bob 12 weeks off - yes...12 weeks paid - if only!!!
Do you not get disability? I know our employees here in CA get disability as we don't pay for maternity leave. Or are you not eligible on a visa?
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Old Jul 6th 2011, 7:17 pm
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Default Re: Employing a nanny legally

Originally Posted by limeynus View Post
Do you not get disability? I know our employees here in CA get disability as we don't pay for maternity leave. Or are you not eligible on a visa?
Here in NY you do get some disability (your employer is not obliged) but my employer offers up to 12 weeks either fully or partially paid (depending on length of service). However, it is actually based on how long you are 'disabled' for so it's determined by your doc. In my case, if I have a normal birth I can expect my employer to pay around 6 weeks full pay and then through the FMLA (Family Medical Leave Act) my job is secure fo up to 12 weeks.

I understand that here in NY FMLA is only valid for employers employing more than 50 people.

I do also think there is a state disability available (around $170 a week) but I havent researched that enough yet to have the facts
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Old Jul 6th 2011, 7:19 pm
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Default Re: Employing a nanny legally

Originally Posted by limeynus View Post
Do you not get disability? I know our employees here in CA get disability as we don't pay for maternity leave. Or are you not eligible on a visa?
The state of California only provides 6 weeks of disability pay for maternity leave. However, some companies (mainly high tech) in California carry their own private short term disability insurance instead of the state insurance which may cover a longer period. I worked with a girl who received about 80% of her salary for 6 months during maternity leave.
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Old Jul 6th 2011, 7:24 pm
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Default Re: Employing a nanny legally

Originally Posted by Michael View Post
The state of California only provides 6 weeks of disability pay for maternity leave. However, some companies (mainly high tech) in California carry their own private short term disability insurance instead of the state insurance which may cover a longer period. I worked with a girl who received about 80% of her salary for 6 months during maternity leave.
Have you got any jobs going???
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Old Jul 6th 2011, 7:27 pm
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Default Re: Employing a nanny legally

Originally Posted by Michael View Post
The state of California only provides 6 weeks of disability pay for maternity leave. However, some companies (mainly high tech) in California carry their own private short term disability insurance instead of the state insurance which may cover a longer period. I worked with a girl who received about 80% of her salary for 6 months during maternity leave.
I'm not sure how our employee's did it ... but they got 12 weeks paid, but I know towards the last 2-4 weeks of disability I had to complete a second form - so may be a different benefit kicked in. We, as a company, don't have any short term disability insurance.

on looking through my records - the first form was an EDD Paid Family leave form, the second was an EDD disability form; not sure what the difference is between them. However, we are a small employer of less than 10

Last edited by limeynus; Jul 6th 2011 at 7:31 pm. Reason: Added EDD forms
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Old Jul 6th 2011, 11:25 pm
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Default Re: Employing a nanny legally

Originally Posted by limeynus View Post
Do you not get disability? I know our employees here in CA get disability as we don't pay for maternity leave. Or are you not eligible on a visa?
FMLA can kick in, but it's usually unpaid and most can't afford to be without the money.
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Old Jul 6th 2011, 11:32 pm
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Default Re: Employing a nanny legally

These guys are showing a lot of TV commercials in CA lately might be worth a look I think they are all over the US.

http://www.care.com/nanny-safety-p10..._term=nannies&
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Old Jul 7th 2011, 3:01 am
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Default Re: Employing a nanny legally

I am currently employing a nanny in my home to look after my three kids now i have gone back to work. (i am on a green card but anyone could do this method)

I placed an ad on care.com and stated what i wanted from their drop down choices, and also gave some info about our situations (it does it for your local area and it tels you how far away each applicant is). then people who were interested applied (i got over 15 applicants). I could look at the replies for free but if i wanted the contact info for anyone i had to subscribe. i think it was less than $30 for a couple of months. I then contacted the ones i was interested in and asked more questions, and then interviewed my shortlist. The site alos does some form of background check and also records referees interviews.


we worked out a contract between ourselves (several suggested models online) and i employ her on an hourly basis. I pay $10 an hour for the first 40 and then you have to pay time and half for any hours over 40 - so the last 7.5 hours are at $15 an hour. she does 7.30 am to 5pm for me but this can change as needed.

I dont withold any taxes for her - she does her own taxes but i DO have to withold medicare (4.2 % of paid wage) and social security.(6.2 % of paid wage). i had to apply for an employer number from the state but this only took a few days. my normal accountant for our taxes told us how.

I will have to declare the ss and medicare on the end of year tax return for myself and then pay it at that time ( so i just wing it into a seperate account each week).

We agreed to not pay her vacation (thats is she is away on hols or if i am away on hols) and i dont pay her public hols. She does however bring her two kids with her (similar ages to mine). If my kids are sick its up to her is she brings the kids, if her kids are sick then she has alternative arrangements to leave them elsewhere) She runs my kids to their appointments/pre school etc (she pays that gas too). She also cleans their rooms and does all their laundry (not mine). and puts the hoover round the great room etc.

For me the advantage is that she is there every day - so no matter if there is a 2 hour delay or snow day or no school day or summer holiday - she takes care of it. She also comes to my home so i can leave for work at a set time regardless of what state the kids are in (ie still asleep, not yet fed or dressed, etc - she just takes care of it all). She takes the kids to museams, parks, cinema, play areas, etc and they have automatic playmates.

Last edited by MsElui; Jul 7th 2011 at 3:03 am.
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