Employing family member as 'au pair'?

[lilamy84]

Hi everyone

Just after some advice. My DH and I are considering employing my cousin for 12 months only to be our au pair for our child. It was our idea as we know she needs some child care experience for her desired career. I am sure lots of you will say don't do it! But in reality, what do I need to do to ensure it is all legal and above board? We live in the Isle of Man and she lives in UK, so technically an au pair, although obviously she is English speaking! I was proposing to pay £70-80 a week, buy her buss pass and she would work 8am-4pm four days a week. She wouldn't work school holidays as my DH and I are both teachers and get the holidays off. DO I have to pay holiday pay for a certain number of weeks? or can I write it in the contract 2 weeks holiday pay after 4 months employment etc? We will provide food and she will have to share her bedroom two nights a week with my step daughter (but as she's family she is happy to do this for a year).

What else should I provide? What legal things do I need to do?
Any help greatly appreciated!

You need to give her 5.6 weeks paid holiday just like anyone else, but you can stipulate that they must be taken during school holidays. You need to provide some sort of contract too.

As you're paying under £100ish a week you don't need to worry about tax or NI though unless she has another job as well.

Have a look at the Govt guidelines: www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Workersemployeesandselfemployment/DG_198935
I don't think you can employ your cousin as an aupair, I think that they will be a mothers help or something along those lines.

As it sounds as though she will be living in your home & will be involved in your day to day family life, I don't think she will be subject to the national minimum wage requirements. I think you will need to provide a contract & be prepared to pay sick pay and definitely holiday pay.

She isn't technically an au pair - shes an english person looking after children in your home thus making her a nanny but as you want to pay low wages you are calling her an ap

I may be wrong, but I don't think you'll find anyone knowledgeable on Manx Law here so any or all of the above may or may not apply. In particular I know immigration law is different, and PAYE obviously works differently. Is there not a local agency for domestic staff that has information?

Good point MrA - op check this instead: www.gov.im/lib/docs/ded/employmentRights/DED/isleofmanemploymentrightsandre.pdf

Thanks everyone so far! I have had a look at that document thanks - it's very lengthy! Just wanted some general info as to what normally happens with this type of work set up. But thanks.

To Blondeshavemorefun - I know she technically won't be an 'au pair' but the situation set up is similiar so was after some general advice. I never said I WANTED to pay her low wages lol!!

It is fine to employ your cousin as an au pair but, even though (and perhaps especially because) she is family, it is best to set your house rules and make clear your expectations in advance on both sides. Also if she is going to work 32 hours a week the going rate would be slightly higher than £80 a week - you should really be paying £85-90 per week. Au Pairs are entitled to the same holiday as an employee eg 20 days paid holiday per year and all bank holidays paid or time given off in lieu. Au pairs normally have to have their own room and not share but as yours is a private arrangement with a family member that is not an issue. For more information on hosting an au pair please visit [http://www.aupairinbritain.com/]