Jane Dotson
If you're planning to hire an au pair, it's important to consider insurance. While your homeowner's insurance may cover some aspects, such as damage to your property caused by the au pair, it's unlikely to cover all the risks associated with employing someone in your home. In some cases, insurance companies may not even consider an au pair to be a member of the family, which could impact coverage. To ensure adequate protection, it's recommended that au pairs have their own insurance, specifically travel health insurance, which covers medical treatment while abroad. Additionally, as an employer, you may be liable for any injuries or accidents that occur while the au pair is working for you, so it's crucial to discuss insurance options with your provider and consider additional coverage, such as umbrella insurance, to protect yourself and your au pair.
| Characteristics | Values |
|---|---|
| Au pairs considered family members | No |
| Au pairs covered under standard homeowners insurance | No |
| Au pairs covered under workers' compensation endorsement | If they work less than 40 hours a week in New York State |
| Who should pay for au pair insurance | To be discussed by the au pair and host family |
| Umbrella insurance | Needed for household staff |
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What You'll Learn
Au pairs as 'domestic workers'
The concept of an au pair originated in Europe after World War II. The French term "au pair" means "at par" or "equal to", indicating that the relationship between the au pair and the host family is intended to be one of equality. The au pair is considered a part of the host family and not merely an employee, and they participate in the everyday life of the family. In return for their work, which includes light domestic work, babysitting, and taking children to and from school, au pairs receive board and lodging, pocket money, and access to language courses.
However, the distinction between an au pair and a domestic worker is not always clear-cut. Some people view au pairs as domestic workers or employees, and in some places, such as Massachusetts, there are "domestic worker" laws that govern the classification and treatment of au pairs. For example, in Massachusetts, domestic workers can be asked to perform any domestic duties, including caring for children and cleaning. This blurs the lines between the traditional roles of an au pair and a domestic worker, and may lead to increased responsibilities and expectations for au pairs.
From an insurance perspective, the definition of "family" in homeowners insurance policies may not include au pairs or other residence employees. Insurance companies typically do not consider residence employees, such as nannies, au pairs, or housekeepers, to be members of the family. For example, in the State of New York, a nanny or housekeeper is considered a "Domestic Worker," defined as someone paid to provide household services within a private home. This classification has implications for insurance coverage, as homeowners insurance policies may not cover injuries to residence employees or damage to their personal property.
Additionally, in some states like New York, homeowners are required to purchase workers' compensation coverage for their domestic workers, including au pairs, if they work 40 hours or more per week or live on the premises. This coverage protects both the employer and the employee by providing benefits for medical expenses, rehabilitation costs, and lost wages due to injuries sustained while working.
Overall, while au pairs may be considered domestic workers in certain contexts, the traditional view is that they are temporary members of the host family rather than mere employees. This distinction has implications for insurance coverage, workers' rights, and the expectations of both the au pair and the host family.
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Au pairs and personal liability coverage
Au pairs are typically not considered members of the family by insurance companies, even though they may feel like an extension of the family to those they work for. Therefore, your au pair may not be covered by your homeowner's insurance policy, which usually only covers family members within your household.
Your homeowner's insurance policy provides personal liability coverage for bodily injury to others or damage to the personal property of others. However, since au pairs are not considered part of the household family, your coverage may not extend to injuries or damage caused by your au pair. In such cases, your au pair's professional liability coverage should apply.
If your au pair is injured on your property while off-duty, your personal liability coverage may cover your liability, including legal fees and medical expenses, subject to the limits of your policy.
In New York State, homeowners are required to purchase workers' compensation coverage for domestic workers, including au pairs, if they work 40 hours or more per week or live on the premises. This coverage protects both the employer and the employee by paying for medical expenses, rehabilitation costs, and lost wages due to injuries sustained while working.
To ensure that your au pair is adequately covered, it is recommended to purchase separate au pair insurance, which includes health insurance, accident coverage, and third-party liability insurance. This type of insurance is designed to protect both the au pair and the host family during the au pair's stay abroad.
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Workers' compensation
In the United States, au pairs are considered "domestic workers" or "residence employees" by insurance companies and the law. While some au pairs may be covered by their host family's homeowners insurance, this is not always the case, and host families are generally responsible for determining whether they need to purchase additional Workers' Compensation Insurance for their au pair.
Au pairs who are considered employees of an agency may already have Workers' Compensation Insurance provided by the agency. For example, InterExchange au pairs have accident and sickness insurance that meets the US Department of State's requirements. However, host families may still need to purchase additional insurance, depending on the state they reside in and the specifics of their au pair's contract.
It is important to note that if an au pair will be driving the host family's car, they typically need to be added to the family's auto insurance policy. Additionally, some au pairs may need to obtain an international driver's license prior to arriving in the US.
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Umbrella insurance
An umbrella insurance policy can provide additional coverage beyond your standard insurance policy. It can protect you from major claims and lawsuits and cover any gaps in your existing policies. For example, if your au pair is injured on your property while off duty, your personal liability coverage may cover legal fees and medical expenses, but only up to the limits of your policy. An umbrella policy can extend your liability coverage beyond the limits of your standard policy.
It is important to note that insurance companies have different requirements for adding an au pair to your policy. Some may require a state license or a social security number. In some cases, insurance companies may not offer coverage for au pairs or other non-familial live-ins. Therefore, it is advisable to discuss insurance coverage with your au pair and your insurance provider as early as possible to ensure that you have sufficient coverage.
In addition to umbrella insurance, there are other types of insurance to consider when hosting an au pair. For example, in New York State, you are required to purchase workers' compensation coverage for your au pair if they work 40 hours or more per week or live on your premises. This type of coverage protects both you and your au pair by paying for medical expenses, rehabilitation costs, and lost wages due to injuries sustained while working for you.
When hosting an au pair from another country, it is important to understand the insurance regulations in the host country. Your au pair's national health insurance may cover stays abroad, and many liability insurance policies offer international protection. Additionally, within the EU, au pairs can benefit from the EHIC (European Health Insurance Card), which provides access to free medical services in the host country. However, it is always a good idea to have additional accident and liability insurance to ensure comprehensive coverage.
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Au pair insurance
The most important component of au pair insurance is travel health insurance, which covers the costs of medical treatment that may be necessary during their time with the host family. This includes treatment costs, hospitalisation costs, and emergency dental procedures. Au pairs may also be covered for personal liability, which includes legal fees and medical expenses if the au pair is injured on the host family's property.
In some cases, homeowners' insurance policies may cover certain aspects related to au pairs, such as damage to the property caused by the au pair or personal liability coverage if the au pair is injured on the property. However, it is important to note that au pairs may not be considered part of the household family by insurance companies, and additional coverage may be required. For example, in New York State, homeowners are required to purchase workers' compensation coverage for domestic workers, including au pairs, if they work 40 hours or more per week or live on the premises.
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Frequently asked questions
It depends on your insurance provider and policy. Some providers will not cover au pairs, while others will if you disclose that you have an au pair living with you and extend your coverage.
If your au pair is injured on your property, your personal liability coverage may cover your liability, including legal fees and medical expenses, subject to the limits of your policy. However, home insurance typically does not cover injuries to staff.
If your au pair damages your property, you may be able to claim with your insurer to cover the damage, depending on your policy.
Your au pair will likely not be covered under your personal liability insurance. Your au pair should have their own professional liability coverage.
Your au pair should have their own insurance to cover medical expenses and liability. Travel health insurance is particularly important if your au pair is from another country.
