Department of State regulations set an au pair’s minimum weekly pocket money and living expenses. If she becomes ill or cannot find another family, sponsors must expeditiously help her locate a new placement.
Sponsors require host families to sign a Host Family Agreement with their au pairs. This agreement outlines the terms of the program placement.
What Are the Host Family Requirements?
One of the au pair host family requirements is that the host family ensures that au pairs can attend classes and participate in community activities. The host family must contribute towards an au pair’s tuition and fees and provide transportation, including gas, parking, or public transportation costs if applicable to and from the place of instruction. The Host Family is expected to establish an on-duty schedule for the au pair that considers her need to socialize and participate in class-related activities and your family’s needs. The on-duty program may be ten hours a day or 45 hours a week for standard au pairs. Being open and honest with your au pair and communicating frequently is essential. Many problems develop because of a lack of communication, and if not dealt with promptly, they can grow into significant issues. Setting aside specific times for your au pair and yourself to talk is also a good idea. It’s easy to forget that her language skills are limited, she might need help understanding your nuances, and how your family does things might differ from hers.
What Are the Au Pair Requirements?
Currently, the Au Pair Program allows young adults from foreign countries to live and work in American homes in exchange for paid child care. The federally regulated program also involves an educational and cultural component to foster understanding between Americans and au pairs. The program is operated by a sponsor organization and supervised by the Department of State. Sponsors establish standard operating procedures and internal controls, perform a thorough host family/au pair orientation process, provide for local coordinators, and create a Host Family Agreement between the au pair and the American host family. Sponsors must vet both au pairs and host families and are responsible for all participants’ health, safety, and well-being. Proposed regulations would require that au pairs receive a minimum of 31 hours a week of compensation for childcare duties and that host families document any problematic circumstance that requires the au pair to exceed the maximum number of childcare work hours. Host families would be required to report such instances to their sponsor, and frequent reports could result in the host family’s termination from the program.
What Are the Au Pair Taxes?
Since au pairs are considered “employees” of their host families, they must be subject to federal income taxes. This means they must have social security and Medicare taxes withheld from their stipend and reported on Form W-2 and Schedule H, Household Employment Taxes. Au Pairs may also be required to obtain a U.S. social security number if their wages exceed the threshold. Host families may be required to file Form 1040-NR if they withheld income taxes from the au pair’s wage payments. This form reports nonresident aliens’ wages and tax liability in the U.S. Au Pairs must pay state and local payroll taxes, including minimum wage and overtime. Host Families are encouraged to keep detailed pay stubs for the au pair to ensure these taxes are paid.
What Are the Au Pair Vacations?
When you take your au pair on vacation, it’s essential to have a clear conversation about whether you want her to accompany you as a caregiver, in which case she should still be on duty, or if you’re inviting her to enjoy the trip as an extended family member off-duty. If the latter is the case, you’ll need to clarify her expectations and ensure she has her room and pays for admission tickets or meals at tourist attractions. Host families can continue their au pair’s childcare responsibilities during family vacations, but the requirements surrounding her schedule and time off must still be met. This includes ensuring she has her room, does not work more than 10 hours a day or 45 hours a week, and receives her full weekly stipend. Au pairs accompanying their host families on holiday can also use their paid vacation allowance. Still, it is usually best to spread the time across long weekends for budget-friendly trips. This can also be more fun for the au pair, and she may find it easier to relax without worrying about returning to a hectic routine at home.
What Are the Au Pair’s Responsibilities?
The au pair is responsible for a limited number of tasks, most related to childcare. Au pairs also perform light housework. The official au pair contract defines the specifics, which both parties must sign before starting employment. Au pairs are guaranteed free board, lodging, and a stipend for pocket money. The host family is expected to help the au pair feel integrated into the family. This includes going out with the family and participating in activities during weekends and holidays. In addition, the host family may ask the au pair to undertake school pick-ups and drop-offs. This is an area where it can be helpful to understand local public transport options and routes or to have permission and insurance for the au pair to use the family vehicle.
Finally, the host family and au pair must identify, before the end of each month, the weekends during which the au pair does not have to provide child care. This is crucial to protect the au pair’s rights and ensure she does not exceed her permissible working hours.
