New York has some of the strictest requirements in the country for household employers. If you're hosting an au pair in NY, here's exactly what you need.
The Bottom Line
Required in New York:
- ✅ Workers' Compensation Insurance
- ✅ Disability Benefits Insurance (DBL)
- ✅ Paid Family Leave (PFL) contributions
Also Required (if applicable):
- ✅ Auto insurance addition (if au pair drives)
Workers' Compensation
New York requires all employers — including household employers — to carry workers' compensation insurance. There are no exemptions based on hours worked or wages paid.
Penalties for Non-Compliance
Not having workers' comp in New York is serious:
- Civil penalties up to $2,000 per 10-day period
- Criminal penalties for willful violations
- Personal liability for all medical costs if an injury occurs
How to Get Coverage
Option 1: State Insurance Fund (NYSIF)
The New York State Insurance Fund is a good option for household employers. They're experienced with this type of coverage and have competitive rates.
Option 2: Private Carriers
Many private insurers offer household workers' comp in NY. Companies like GTM and HomeWork Solutions can help you find coverage.
Estimated Cost
Expect to pay $800 - $1,500/year for workers' comp in New York, depending on coverage limits.
Disability Benefits (DBL)
New York also requires Disability Benefits Law (DBL) coverage for household employees. This covers off-the-job injuries and illnesses — things workers' comp doesn't cover.
What DBL Covers
- Cash benefits for injuries/illnesses that happen outside of work
- Up to 26 weeks of benefits
- 50% of average weekly wage (capped)
Cost
DBL is relatively inexpensive — usually $50 - $150/year for household employers.
Paid Family Leave (PFL)
New York's Paid Family Leave program provides wage replacement for employees who need time off for:
- Bonding with a new child
- Caring for a family member with a serious health condition
- Certain military family needs
Does This Apply to Au Pairs?
This is a gray area. Au pairs on J-1 visas may not qualify for PFL benefits, but you may still need to maintain the coverage. Consult with an employment attorney or payroll specialist.
Auto Insurance
If your au pair will drive, you must add them to your auto insurance policy before they get behind the wheel.
What You Need
- Contact your auto insurance company
- Add the au pair as a listed driver
- Provide their home country license info
- Ask about international driving permit requirements
Cost Impact
Adding an au pair typically increases your premium by $200 - $800/year, depending on your coverage levels and the au pair's driving history.
Medical Insurance
Your au pair agency provides basic medical insurance as part of the program. However, this is not workers' comp — it only covers personal health issues, not work-related injuries.
Consider supplemental medical insurance if you want:
- Higher coverage limits
- Dental and vision
- Coverage for pre-existing conditions
NYC vs. Rest of New York
The requirements are the same throughout New York State. However, costs may be slightly higher in New York City due to higher medical costs in the area.
Summary Checklist
Before your au pair arrives:
- [ ] Get workers' compensation insurance
- [ ] Get disability benefits (DBL) coverage
- [ ] Set up payroll (or use a payroll service)
- [ ] Add au pair to auto insurance (if they'll drive)
- [ ] Consider supplemental medical insurance
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