Short answer: In California, a nanny, housekeeper, gardener or caregiver you hire for your home can be your employee for workers' comp (Lab. Code §3351(d)). They're excluded only if, in the 90 days before the injury, they worked or were hired for less than 52 hours or earned $100 or less, or if they're your parent, spouse or child (§3352). A homeowners or renters policy with comprehensive personal liability must include workers' comp for these household employees, unless other valid workers' comp applies (Ins. Code §11590).
Who is a household employee
Labor Code §3351(d) covers anyone employed by the owner or occupant of a home whose duties relate to owning, maintaining or using the home, including caring for and supervising children, or whose duties are personal and not part of the owner's business.
That usually includes nannies, babysitters, housekeepers, gardeners, and caregivers for a family member, when you hire them directly.
Who is excluded
Under Labor Code §3352(a), a household worker isn't an employee for workers' comp if:
- They're your parent, spouse or child.
- In the 90 calendar days before the injury, the work was, or was contracted to be, for less than 52 hours, or for wages of not more than $100.
Both thresholds look back 90 days from the injury, so a regular weekly babysitter can cross them quickly.
How your home insurance fits in
Insurance Code §11590 says a policy with comprehensive personal liability insurance, such as the liability part of most homeowners and renters policies, must include workers' comp coverage for household employees under §3351(d). If the policy doesn't spell it out, the law reads it in. It doesn't apply if other valid workers' comp insurance covers the injury.
What household employers should do
- Ask your insurer or broker how your homeowners or renters policy handles household employee workers' comp, and whether limits or conditions apply.
- Hiring through an agency? Ask who employs the worker and who carries their workers' comp.
- Keep records of hours and pay.
- Taxes are separate. Payroll tax rules for household employers are covered in IRS Publication 926.
See also California uninsured employer penalties and the state insurance rules hub.
Frequently asked questions
Do I need workers' comp for my nanny in California?
Usually, yes, if the nanny worked at least 52 hours or earned more than $100 from you in the 90 days before an injury. Household employees are covered under Labor Code §3351(d).
Does homeowners insurance cover household employees' workers' comp in California?
A policy with comprehensive personal liability must include workers' comp for household employees under Insurance Code §11590, unless other valid workers' comp applies.
Are family members covered?
No. A household worker employed by their parent, spouse or child is excluded under Labor Code §3352(a)(1).
Does renters insurance count?
If your renters policy includes comprehensive personal liability coverage, §11590 applies to it. Ask your insurer to confirm.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. Not legal, tax or financial advice, and not a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.