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Who counts as a household employee?

Updated November 6, 2026 · For 2026 · General information, not tax or legal advice

A household employee is someone you pay to do work in or around your home when you control what they do and how they do it. The IRS list in Publication 926 includes nannies, babysitters, housekeepers, maids, cooks, drivers, private nurses, health aides, caretakers, yard workers and similar roles.

The control test

What matters is whether you direct the work. You set the hours, the duties and the way they are done. It does not matter whether the job is full-time or part-time, whether you pay hourly or by the week, or whether you found the person through an agency, a friend or a job board. If you are the one paying them and telling them what to do, they are your employee.

Who is not a household employee

Special family cases

Wages you pay to your spouse, your child under 21, or your parent are generally exempt from Social Security, Medicare and unemployment taxes, with a narrow exception for a parent who cares for your child while you are divorced, widowed or your spouse is disabled. Details in paying a relative to care for your child. Student babysitters under 18 are exempt from Social Security and Medicare as well.

What being a household employer means

Once an employee crosses the threshold you withhold 7.65% for Social Security and Medicare, match it, pay federal and state unemployment tax, issue a W-2 each January and file Schedule H with your 1040. Each state adds its own registration and quarterly report; pick yours in the state guides.

Frequently asked

Is a housekeeper a household employee?

Yes, if you hire them directly and control how and when the work is done. A cleaning company that sends its own staff is not; the company is the employer.

Is a caregiver for my elderly parent a household employee?

If you hire the caregiver directly, yes, and the household employer rules apply to whoever pays the wages. Caregivers placed and paid through an agency are the agency's employees.

Does a babysitter count?

A regular babysitter can. The $3,000 annual threshold decides whether taxes are due, and sitters under 18 who are students are exempt from Social Security and Medicare.

Pay your nanny legally for $14.99/month

Hours, paychecks with every federal and state tax computed, pay stubs, PTO, and a filing calendar with the figures pre-filled. 14-day free trial, no card needed.

Related questions

State-by-state guides · All questions