Reviewed by the CareTax editorial team · Last updated February 10, 2026
Quick Facts
| Item | Value | Notes |
|---|---|---|
| Minimum Wage | $16.00/hr | $16/hr statewide; NYC/LI/Westchester $17; Home care aides NYC/LI/Westchester $19.65; rest of state $18.65 |
| Pay Frequency | Not specified (federal default) | |
| Overtime Rules | 1.5x after 40 hrs/week; live-in: after 44 hrs | |
| Record Retention | 6 years |
State Income Tax
Withholding Form: IT-2104
Unemployment Insurance
Registration: Register online
Workers' Compensation
Threshold: 40+ hrs/week
Paid Family & Medical Leave
Program: Paid Family Leave (PFL) + State Disability Insurance (SDI)
3 paid days after 1 year; 1hr/30hrs accrual; Required if 20+ hrs/week; 26 consecutive weeks to qualify; 40 hrs paid/year if 80+ hrs annually; 1hr/7 days worked; up to 40 hrs paid
| Item | Value |
|---|---|
| Employee Contribution | Yes |
| Max Weeks | 12 weeks |
Paid Sick Leave
Accrual Rate: 1hr/30hrs worked
Annual Cap: 3+ paid days/year
3 paid days after 1 year; 1hr/30hrs accrual; Required if 20+ hrs/week; 26 consecutive weeks to qualify; 40 hrs paid/year if 80+ hrs annually; 1hr/7 days worked; up to 40 hrs paid
New Hire Reporting
Deadline: Within 20 days of hire
Special Requirements
Homeowner's insurance riders DO NOT cover domestic employees; additional hour pay for min-wage workers on 10+ hr days; COVID vaccination time off provisions; minimum wage increasing by CPI annually from 2027
Airborne infectious disease prevention plan required
Sexual harassment training + model policy required
Local Taxes
| Locality | Tax Type | Rate | Notes |
|---|---|---|---|
| NYC | City Income Tax | -- | NYC residents subject to city income tax |
| Westchester County | Sick Leave | -- | 1hr/7 days worked; up to 40 hrs paid |
Required Forms
Form IT-2104
New York state income tax withholding form
Purpose: Employee completes for state tax withholding
New York state form
Purpose: State compliance
Key Deadlines
| Deadline | Date | Description | Frequency |
|---|---|---|---|
| New Hire Reporting | Within 20 days of hire | Report new employees within 20 days to the state | at-event |
State Agencies
- New York Department of Labor
Unemployment insurance and workforce regulations
- New York Department of Revenue
Tax withholding and registration
- Workers' Compensation Board
Workers' compensation insurance
- Paid Leave Program
Paid family and medical leave
- NYS Business ExpressState agency
- NYC DCAState agency
- Sexual harassmentState agency
Sources
Frequently asked
- Do I owe nanny tax in New York?
- If you pay a household employee $3,000 or more in 2026, you owe federal FICA (Social Security and Medicare). If you pay $1,000 or more in any calendar quarter, you owe FUTA. New York state unemployment kicks in once you exceed the state's wage threshold - typically the first $17,600 of wages.
- What is the New York SUI rate for a new household employer?
- New household employers in New York start at 3.4%, applied to the first $17,600 of each employee's wages per year. Your rate can change once the state assigns you an experience rating, usually after 2–3 years.
- Does New York require State Disability Insurance (SDI)?
- Yes. New York requires SDI contributions: $0.60 per week (employee-paid). SDI funds short-term disability benefits for employees who can't work due to non-work-related illness or injury.
- Does New York require Paid Family and Medical Leave (PFML)?
- Yes. New York requires PFML contributions totaling 0.55% of wages up to $95,349 per employee. The employee share is 0.55% and the employer share is 0%.
- How much state income tax do I withhold for a New York nanny?
- New York uses progressive tax brackets. Your employee's state income tax withholding depends on their expected annual wages and filing status per their state withholding certificate. CareTax's calculator handles bracketed withholding automatically for every pay run.
- What forms do I need to file for a household employee in New York?
- Federally: Schedule H (filed with your personal Form 1040), W-2 and W-3 (given to your employee and filed with the SSA), and quarterly EFTPS deposits if your liability exceeds $1,000/year. In New York: new-hire reporting, quarterly SUI filings, and any required state income tax withholding returns. CareTax generates all federal reference documents and points you to the New York state portals.
- What is Schedule H, and when do I file it?
- Schedule H is an IRS form that household employers file annually with their personal Form 1040 to report Social Security, Medicare, FUTA, and withheld federal income taxes paid to household employees. It is due by April 15 (or the extended deadline if you file for an extension). The IRS covers Schedule H in detail in Publication 926. CareTax includes Schedule H references for every saved pay run.
- What if I pay my nanny less than $3,000 in a year?
- If total cash wages to a single household employee fall below the federal FICA threshold ($3,000 in 2026; verify the current figure in IRS Publication 926), you generally do not owe Social Security and Medicare taxes for that employee. FUTA still applies if you pay $1,000 or more in any calendar quarter, regardless of the annual total. State thresholds may differ, so check your state's unemployment agency rules as well.
- Is my nanny an employee or an independent contractor?
- Nannies are almost always W-2 household employees under IRS common-law rules because the family controls when, where, and how the work is performed. Classifying a nanny as a 1099 independent contractor is one of the most common audit risks for household employers. IRS Publication 926 explains the employee vs. contractor distinction in detail. CareTax is built for W-2 household employees and walks you through correct classification.
- Can I pay my nanny in cash and skip taxes?
- The method of payment — cash, check, or bank transfer — does not change your tax obligations. Cash wages paid to a household employee are still wages and must be reported to the IRS and your state. Failing to withhold and remit payroll taxes can result in back taxes, substantial penalties, and personal liability for the employer. CareTax tracks every pay run so your records are complete regardless of how you pay.
- What if I have more than one household employee?
- The $3,000 FICA threshold applies per employee, so you evaluate each worker separately to determine whether federal Social Security and Medicare taxes apply. The $1,000-per-quarter FUTA threshold, however, is aggregated across all household employees combined. Each employee requires their own W-2 and is reported separately on Schedule H. CareTax supports multiple household employees within a single account.