does the employer have to pay for sick leave and vacation for an independent contractor ?

Question

the independent contractor is a nanny taking care of kids for a family in california

Answer 1

Because the employer doesn't have to pay FICA taxes for the independent contractor, there is no sick or vacation pay unless the parties agreed to it beforehand.

Answer 2

Nope. Actually, an employer doesn't have to pay for vacation or sick leave for an employee either, although most do so they can get and keep good employees. Anything is negotiable, but up front before you take the job, or maybe later if they really want to keep you. Some nannies do get benefits, including sick leave and vacation.

If you're taking care of kids regularly from one family, and they set the hours and work rules, you would probably not be considered an independent contractor by the IRS, which is a whole additional area of concern. Legal requirements are frequently ignored, though, by the employers. At best the employee ends up paying extra taxes - if they're working under the table, they lose out on social security retirement and disability protection and are vulnerable to penalties and fines if they get caught. Not a good idea.

Answer 3

Independent contractor doesn't usually get sick leave benefit but it's all depending on the contract on paper or agreed before hand.

Answer 4

no...what part of independent did you not understand? lol Seriously though...most Nanny's at the start of a job will negotiate tHe terms of the contract, which for all I know who have nannies, they have sick time, vaca time. etc....so if you didn't get that arranged at the begining of your employment then no..your up a Creek....so just remember that next time you start off employment with a family to negotiate that in the beginning.

Answer 5

no, not an employee