I have had a number of questions recently related to what an au pair’s duties and responsibilities are and how the hours are to be calculated.  So, I decided to publish this for clarification.  I hope you find this useful.

Federal Regulation Sec. 62.31 Au Pairs (j) Wages and Hours

Sponsors shall require those au pair participants:

(1) Are compensated at a weekly rate based upon 45 hours of child care services per week and paid in conformance with the requirements of the Fair Labor Standards Act as interpreted and implemented by the United States Department of Labor.

(2) Do not provide more than 10 hours of child care per day or more than 45 hours of child care in any one-week.

(3) Receive a minimum of one and one half days off per week in addition to one complete weekend off each month; and

(4) Receive two weeks of paid vacation.

Au Pair in America’s Policy:

· A day and a half off means twenty-four hours in which the au pair does not work at all, plus twenty-four hours in which she works no more than half of her normal workday (not to exceed five hours).

· The au pair is entitled to one full weekend off per month. A complete weekend off begins Friday evening and ends Monday when the au pair’s regular schedule resumes.

· Au pairs are to provide care only to the children of their host parents and housework as it relates to the children; they may not accept or engage in any other employment opportunities in or out of the host family’s home.

Calculating hours:

An au pair is considered to be working if she has full responsibility for the children. Therefore if the children are in bed, and the au pair also goes to bed, she is still on duty if she is expected to take care of any situation or emergency that may arise with the children. Similarly, taking the children to school or walking them to the bus stop needs to be calculated as part of her working hours.  Additionally, anytime the au pair is engaged in duties related to the children (tidying up their rooms, making their meals, preparing lunches, doing their laundry, cleaning up the dishes, sweeping the floor after meal time, etc this time is to be calculated as part of her 45 hours.

The definition of “free time” is if an au pair has absolutely no child care responsibility. It is important to note that au pairs who are “on call” with beepers or cell phones are not technically on “free time.” On call hours are counted as part of the forty-five hour maximum.

Au pairs are to receive a day and a half off each week. If the au pair requests that she not work on her Sabbath, this should be her day off each week. Although Federal Regulation does not require it, au pairs will be happiest if their time off is on the weekend. The day and the half day need not be consecutive, for example an au pair could have Saturday as her half-day, work not more than 5 hours Saturday evening and then have Sunday off. A half day off from work means that the work part of the day not exceed half of her usual work day.

Weekend off: Au pairs are entitled to one weekend off each month from Friday night to Monday morning, for a minimum of twelve weekends off during the year. It is best if this is agreed upon in advance.

Responsibilities:

Au pairs may be responsible for the children’s laundry; children’s meals – preparation and clean-up; tidying children’s rooms, bathroom and play areas; Driving the children.

Au pairs may not: Do laundry for the whole family; Be required to care for pets; Do housework unrelated to the children or care for anyone past their 18th birthday. When the au pair participates in family routines (such as meals) it is reasonable to expect that she will help with preparation or clean-up, to the same degree that host parents participate. This is not to be exploited; she is to be considered as a member of the family, not as a domestic.