A growing number of states and cities are establishing paid leave programs for employees, and they often cover domestic workers like nannies.
It’s a trend that only seems to be accelerating as more states consider adopting plans that guarantee workers can take time off when they’re sick, need to care for a loved one, or for no reason at all.
Who Can Provide Paid Leave?
Paid leave programs often include all employers of all sizes and their workers—including families who have hired someone to work in their home, like a nanny. That means it’s important for household employers to comply with the paid leave laws in their states, which could require contributions from the family and/or their workers.
How Can My Nanny Get Paid Leave?
Of course, for household employees to take advantage of paid leave, they need to be paid legally by their employer. If they’re “off the books,” they will not be able to take advantage of these benefits. It can feel complicated, but a household payroll provider like GTM Payroll Services makes payroll deductions, remits these funds to the state for you, and can help you track your employee’s leave accruals and balances.
What Are the Current Paid Leave Laws?
Here’s an overview of some of the existing state-paid leave regulations. Be sure to check your state and city labor department websites for the specific rules you need to follow.
Arizona
Household employers are required to provide up to 24 hours of sick leave a year. Employees earn sick leave at the rate of one hour for every 30 hours worked. Full-time, part-time, and temporary employees are all covered under the law and will earn sick leave based on hours worked.
Employees can take sick time for themselves and for a family member who has an allowable reason for sick leave.
The law also contains a safety clause and allows paid leave for victims of domestic violence, sexual assault, or stalking.
California
Under the state’s Paid Family Leave program, workers can take up to six weeks of partial pay to care for a seriously ill family member, bond with a new child, or participate in a family member’s military deployment to a foreign country. Learn more about California’s Paid Family Leave.
In addition, household employees are covered by the state’s Healthy Workplace Health Family Act. Full-time, part-time, temporary, or seasonal employees who work 30 or more days within a year must be given up to 40 hours (five days) of paid sick leave annually that can be used for absences due to illness; the diagnosis, care, or treatment of an existing health condition; or preventative care for the employee or an employee’s family member.
Los Angeles, San Diego, San Francisco, West Hollywood are Californian cities that also have their own paid sick leave laws.
Colorado
Colorado’s paid family and medical leave insurance (FAMLI) program requires employee contributions that are submitted by the employer quarterly. Since household employers likely have less than 10 workers, they are exempt for the employer contribution. However, the employee’s portion of the premium must be deducted from their pay to cover their FAMLI contribution. Employers may also choose to pay the full amount if they would like.
Benefits became available to employees on January 1, 2024. Workers can use paid leave to care for a new child, care for themselves if they have a serious health condition, care for a family member’s serious health condition, make arrangements for a family member’s military deployment, or address the immediate safety needs and impact of domestic violence and/or sexual assault.
Most employees are eligible to receive up to twelve weeks of paid leave. Those who experience pregnancy or childbirth complications may receive an additional four weeks.
Household employees also receive paid sick leave under the state’s Health Families and Workplaces Act. An employee accrues one hour of paid leave per 30 hours worked, up to 48 hours per year. Leave can be used for a range of health and safety needs including the inability to work due to a mental or physical illness, injury, or health condition; obtaining preventive medical care; needs due to domestic abuse, sexual assault, or criminal harassment; and care for a family member with any of these needs.
Connecticut
Under Connecticut’s Paid Family and Medical Leave program, employees can take up to 12 weeks of partially paid leave for life events including the worker’s own serious health concern; care for a child after birth, adoption, or foster placement; and care to a seriously ill or injured family member; among other reasons. While there is no employer contribution to the program, families with household help will need to remit employee contributions on their behalf to the Connecticut Paid Leave Authority. Learn more about the process for employers.
Illinois
With the Paid Leave for All Workers Act, household employee can earn up to 40 hours of paid leave from work in a 12-month period. Workers can use paid leave for any reason and employers may not require workers to provide a basis for their time off request. Workers earn one hour of paid leave for every 40 hours they work. Starting on March 31st, 2024, or 90 days following the commencement of employment, workers can begin using their earned time off for any reason. Employees will need to be paid their full wages while on leave.
Chicago’s Paid Leave and Paid Sick and Safe Leave also covers household employees who work in the city. Employees are required to receive 10 days of paid leave, broken up into five sick days and five days of paid time off for any reason.
In addition, the Victims’ Economic Security and Safety Act requires all Illinois household employers to provide leave to their employees who are survivors of domestic or gender violence, sexual assault, or “any other crime of violence.” Workers can take up to four weeks of unpaid leave per any 12-month period to seek medical help, legal assistance, counseling, safety planning, and other assistance.
Maine
Maine’s paid family and medical leave program will cover all employers with one or more employees working in the state. Beginning January 1, 2025 employers and employees will contribute to a paid Family and Medical Leave Insurance Fund. Benefits will become available on May 1, 2026. Employees will be eligible to take up to 12 weeks of paid leave in a benefit year for any one or a combination of covered reasons.
Maryland
Maryland has established a Family and Medical Leave Insurance Program (FAMLI) that covers household employers and their workers.
Household employees will have up to 12 weeks of paid time off annually for qualified reasons. Benefits will be available beginning January 1, 2026.
FAMLI will be funded through a payroll tax that is scheduled to begin on October 1, 2024. Since only employers with 15 or more workers will need to contribute to paid leave, household employers likely will not need to pay this tax. However, all workers – no matter the size of the employer – will need to contribute through a payroll deduction.
Massachusetts
Massachusetts Paid Family and Medical Leave (PFML) provides temporary income replacement to household employees who are welcoming a new child into their family, are struck by a serious illness or injury, need to take care of an ill or ailing relative, and for certain military considerations.
Employees may take 12 to 26 weeks of job-protected paid leave.
Since families with household help likely have fewer than 25 employees, they aren’t required to contribute to the program. However, they must still withhold and remit the employee portion. A family could elect to cover some or all their employee’s contribution. Learn more about Massachusetts’ PFML program.
Minnesota
Effective January 1, 2024, Minnesota’s earned sick and safe time law requires household employers to provide paid leave to employees who work in the state.
Sick and safe time is paid leave that employees in Minnesota can use for certain reasons, including when they are sick, to care for a sick family member, or to seek assistance if they or a family member have experienced domestic abuse.
An employee earns one hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year unless the employer agrees to a higher amount.
Earned sick and safe time local ordinances already exist in the cities of Bloomington, Duluth, Minneapolis, and St. Paul, Minnesota. Household employers in those cities will need to meet the most generous leave provisions and other protections of the applicable laws.
Household employees will also be covered by the state’s paid family and medical leave. Employer and employee contributions begin January 1, 2026, the same date benefits become available.
PFML may be used for a serious health condition, qualifying exigency, safety leave, family care, and new child bonding or medical care related to pregnancy.
Employees are eligible to receive up to 12 weeks of paid leave for serious health conditions or pregnancy, and 12 weeks of paid leave for bonding, safety leave, and family leave. However, the leave is capped at 20 weeks in a single benefit year.
New Hampshire
All employers in New Hampshire can participate in the voluntary New Hampshire Paid Family & Medical Leave plan (NH PFML), an insurance plan that provides workers with wage replacement coverage for specific leaves of absence such as their own or a family member’s serious health condition, child bonding, needs arising from military deployment or service, and caring for a military service member. Household employees may purchase NH PFML for themselves if their employer does not provide NH PFML insurance or an equivalent benefit.
New Jersey
Under the New Jersey Earned Sick Leave law, household employees can accrue up to 40 hours of paid sick leave at a rate of one hour for every 30 hours worked. Paid sick leave can be used for qualified reasons including their own or a family members’ mental or physical illness, injury or condition; and time or medical attention needed due to domestic or sexual violence. Learn more about New Jersey’s paid sick leave.
New Mexico
Household employees receive up to 64 hours of paid leave annually under the state’s Healthy Workplaces Act. Workers accrue at least one hour of paid leave for every 30 hours worked and can take leave for reasons related to their and family members’ health and safety.
New York
Household workers can use job-protected, paid, or unpaid sick leave for certain designated purposes through the state’s Paid Sick Leave Law. Families with between one and four employees must provide up to 40 hours of unpaid leave. Households with five or more employees are required to provide up to 40 hours of paid sick leave.
Sick leave can be used for treatment, care, preventative care, and diagnosis of an employee’s or employee’s family member’s illness, injury, or health condition. Household employees accrue sick leave at a rate of at least one hour per 30 hours worked.
Household employees are also covered by New York’s Paid Family Leave. Paid leave can be taken for various family or medical reasons including bonding with a newborn, adopted, or foster-care child during the first 12 months after birth or placement; caring for a seriously ill family member; and addressing important needs related to a family member’s military service.
The program is paid for by employees through an additional payroll deduction. Or, employers can pay the cost on their employee’s behalf.
New York City’s Paid Safe and Sick Time Act (also referred to as the Earned Safe and Sick Time Act or ESSTA) includes household employees.
Oregon
With the state’s Paid Family and Medical Leave (PFML) program, household employees can take paid leave for the birth of a child, bonding with a child, caring for a family member with a serious illness or injury, caring for themselves when they have a serious illness or injury, and safe leave for survivors of sexual assaults, domestic violence, harassment, or stalking.
While household employers are exempt from the employer contribution (as they likely have less than 25 workers), they still must deduct their workers’ portion and submit it to the state.
Employees are eligible for up to 12 weeks (14 for some pregnancy conditions) of paid, job-protected leave for qualified family, medical, or safety-related reasons.
Also, Oregon gives all workers sick time. For household employees, this will likely be unpaid time off. Household employees can use sick time when they or a family member is sick, injured, experiencing mental illness, or need to visit the doctor. Other reasons to use sick time include caring for an infant or newly adopted child under 18 years of age; caring for a newly placed foster child under 18 years of age; absences associated with the death of a family member; absences related to domestic violence, harassment, sexual assault or stalking; and in the event of a public health emergency.
Rhode Island
Household employees can take time off from work through the Healthy and Safe Families Workplace Act to care for themselves when they are too sick to work, are injured, or have a routine medical appointment. They may also use earned leave to deal with the impact of domestic violence, sexual assault, or stalking. In addition, earned leave may be used to assist their child, spouse, domestic partner, or other members of their household for the same purposes. While employers with fewer than 18 workers – which would include household employers – must provide sick and safe leave time, it does not need to be paid. Covered employees may take up to 40 hours of leave.
Vermont
The Vermont Family and Medical Leave Insurance Plan, a voluntary program, will give household workers access to paid family and medical leave insurance by 2025.
On July 1, 2024, household employers with two or more employees will be able to select from several plan design options that allow them to support the needs of their employees. Beginning July 1, 2025, household employees who work for Vermont families that do not offer VT-FMLI and household employers with one employee can purchase coverage through the VT-FMLI individual purchasing pool.
Washington
Washington’s Paid Family and Medical Leave program (PFML) allows household employees to receive up to 12 weeks of paid leave for bonding after the birth or placement of a child; an employee’s serious health condition; a serious health condition of a qualifying family member; and certain military events. Employees can also use paid family leave for bereavement purposes.
Since families with household help likely have less than 50 employees, they are not required to pay the employer share of the contribution. They must still collect the employee portion or opt to pay this for their worker and submit those premiums every quarter.
Also, under the state’s paid sick leave law, household employers, are required to provide paid sick leave to their workers. Employees accrue a minimum of one hour of paid sick leave for every 40 hours worked. There is no cap on the amount of paid sick leave hours an employee can accrue within a year. Employees can use paid sick leave for themselves or their family members for a mental or physical illness, injury, or health condition; to diagnose, care for, or treat a mental or physical illness, injury, or health condition; to receive preventive medical care; for leave that qualifies under the state’s Domestic Violence Leave Act.
Washington, D.C.
Washington, D.C. household employers who are required to pay unemployment insurance taxes also must contribute to the Universal Paid Family Leave program. Employees have three types of leave available:
- Parental leave to bond with a new child (12 weeks of leave annually)
- Family leave to care for an ill family member with a serious health condition (12 weeks)
- Personal medical leave to care for one’s own serious health condition (12 weeks)
- Pre-natal leave (2 weeks)
Paid leave benefits are funded by an employer payroll tax of 0.26 percent of their eligible employee’s gross or total wages.
Household employees also receive paid leave under the Accrued Sick and Safe Leave and Earned Sick and Safe Leave laws. Leave can be taken for a medical condition or to care for ill family members; receiving medical care for themselves or family members; and issues pertaining to domestic violence or sexual abuse.
Household employees accrue leave at one hour per 87 hours worked not to exceed three days per calendar year.
When Leave is Required But Can Be Unpaid
Rhode Island
Employers with fewer than 18 workers are required to offer sick and safe leave time, although it does not need to be paid. Employees can take up to 40 hours of leave in a year. Time off can be taken for their own or a family member’s illness or injury or to deal with the impact of domestic violence, sexual assault, or stalking. Learn more about Rhode Island’s Healthy and Safe Families and Workplaces Act.
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