This is a different situation. A speech therapist is not EMPLOYED by the family. They are a service provider or contractor. Regular home owner's insurance does NOT cover domestic employees. I am saying this kindly so no one finds themselves in a mess with an injured nanny and no way to cover the expenses. |
Is a family member considered an employee if they are getting compensated off the books for providing childcare? |
If they are in your home providing childcare for compensation, it is taxable income and you both are committing tax fraud. It would open a huge can of worms if they got injured and you tried to file a claim on your home owners insurance. |
That happened to me. I was an afternoon sitter and the family's dog attacked me. I was paid under the table and didn't understand laws. I was a night student at a local CC and a cook in the mornings and the injures did not allow me to continue my morning job. The family let me go too because they said the dog wasn't going to get used to me. I had no idea how to pay my bills. A teacher got me a pro bono lawyer who asked the family to pay for my 2 k medical bill and to give me a month salary that would only cover the pay I lost at the restaurant, not at their home. They refused and accused me of trying to take advantage of the American system. I felt bad and didn't want to pursue it, as a new American I felt I had to be a good American, not a bad one that took advantage of people. But my teacher thought it was outrageous and insisted I keep the lawyer. We settled out of court and they paid me 10K. Moral of the story for the employer: have insurance. Moral of the story for me: I'm a true American now. |
I lol'd. Sorry about your injuries though. We always had workers comp for our nanny. It's the law, and the right thing to do. We have some tricky basement stairs that our new nanny fell down the first WEEK she worked for us - before we had the policy in place. Scared the sh*t out of me and I will never not have a policy like that, since there's no way to make the stairs safer. |