Topic Overview: Residency and citizenship status of your senior caregiver
Not all individuals who will apply for senior caregiver positions are legally authorized to do so in the United States. Similarly, many individuals who apply for work as a senior caregiver (and the families hiring them) do not understand the nature of the employment relationship and
Do I need to hire a U.S. citizen to be a senior caregiver?
No- you may hire anyone lawfully admitted for permanent residence or anyone with a valid work permit. As with any household employee, it is illegal to knowingly employ anyone without appropriate US work authorization. You, as the employer, are required to verify this information. The Social Security Administration issues cards that reflect the work status of each individual.
To learn more about validating your employee’s work status, click here.
The woman applying to be mom's senior caregiver is not a legal resident and does not have U.S. work authorization. What should I do about employment taxes?
Regardless of your caregiver’s status, you are still required to file employment taxes. In fact, non-payment of taxes is a reason for U.S. citizenship to be declined based on poor moral character. The Privacy Act of 1974 prohibits the IRS from sharing this information with Immigration and Customs Enforcement (ICE) however the future consequences for the employee may impact their ability to gain legalization down the road. The government is currently working on a program designed to help illegal immigrants apply for citizenship, which will require examination of tax return records going back a minimum of 3 years.
Read more about taxation and illegal immigrant status here.
I hired a home health aide. What about worker's compensation and disability insurance?
Worker’s compensation and disability insurance rules vary from state to state, so it’s imperative to work with a licensed broker to find out what your specific requirements are. HomeWork Solutions has an insurance partner that will HWS clients obtain this very important insurance coverage. The purpose of a worker's compensation system is to provide financial and medical benefits to the victims of 'work-related' injuries and their families regardless of fault. The cost of this insurance is the responsibility of the employer and premiums are determined by the number of employees, their annual payroll, and the type of work they do. It is important to note that this is a policy of insurance and not a payroll tax.
Learn more about worker’s compensation and disability insurance here.