Hiring a child care provider: Legal Aspects you should be Aware of

A large number of households across the United States do hire babysitters and nannies to care for their kids. However, most parents are unaware of the legal aspects involved. The legalities may seem complex, but they are necessary and worth your attention. This blog post covers the most prevalent, essential, legal issues that you should understand before hiring a childcare provider.

Independent contractor vs. employee

Typically, a babysitter is considered an independent contractor, because of the nature of their hours of service. However, a full-time nanny or babysitter will most likely be regarded as an employee. Independent contractors require less paper work, and it’s important that the appropriate papers are filed, irrespective of the amount of paperwork.

Households that need additional services from babysitters such as running errands, household chores, or a range of other tasks should consider the care providers as employees.

This is mainly because a worker categorized as an independent contractor can normally choose their responsibilities, hours of work and chores.

This is the reason why families who are familiar with the law consider their nannies or babysitters as employees. Else, what is the use of hiring an independent contractor who cannot accommodate your requirements?

Work eligibility

Before a childcare provider begins working for a family, they are required to fill in an Employment Eligibility Verification Form. It is important for you to read the directions given in the form, and confirm that the babysitter is allowed legally to work in the country.

The babysitter should be able to provide documented proof, such as a state ID, driver’s license, birth certificate, social security card, green card or work permit.

Age requirements

Before hiring a childcare provider, look up their age. While some states permit children as young as eleven to babysit, others need the babysitter be over seventeen. You should abide by federal and state laws, and choose a babysitter as stipulated.

Employment agreement with childcare providers

When you choose to hire a childcare provider for your kids as an employee, you should draft an employment agreement. This paper must include state guidelines on pay dates, hours, basic duties and wages. The document should specify clearly working conditions, reasons for any warnings and termination. You can create easily these legal papers with the help of an online service or a lawyer.

Whether you decide to hire a babysitter as an employee or an independent contractor, it’s important that you follow meticulously both the federal and state laws.

Apart from taking seriously the legal aspects, make sure the childcare provider has the requisite experience and qualifications: only then you will be able to trust your kids to the care of the service provider when you are away.

Choosing a babysitter is a big responsibility. It is important to make a sound decision by involving other family members and trusted friends. Do not forget to check with reliable online services, or through personal contacts, the credentials of the probable childcare provider.

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