Amy Bryan, Local Childcare Coordinator

Questions & Answers

Posted by: Amy Bryan on November 3, 2008

If you are new to the program, or if you’ve been with us for awhile, but forgot one of the many rules and regulations that you need to be compliant with, please click below to clarify some of the more common questions we get from families and au pairs.

Program Regulations Q&A

The following questions are ones we hear frequently from parents regarding the U.S. State Department regulations.

Can I share my au pair with another family? No, au pairs are placed with an individual family that has been properly screened by Cultural Care Au Pair. Au pairs are permitted to care for the children of their host family and may not babysit additional children in or outside of the host family’s home.

Can my au pair care for kids other than my own (i.e., children who are over for a playdate)?
No, au pairs are only permitted to care for the children of their host family.

Can I pay my au pair extra money to work overtime? No. Au pairs are permitted to work a maximum of 10 hours per day, 45 hours per week. The program regulations do not permit au pairs to work additional hours for extra pay, regardless of the circumstances.

What if the children are asleep? Does this count towards the hourly limit? ALL sleeping hours count as working hours if your au pair is the person solely responsible for the children at that time. For example, if you leave for work at 5:00am and the kids do not get up until 7:00am, this still counts as two work hours for your au pair as she is the responsible adult in the home.

Can I bank my au pair’s hours from week to week (i.e., if she only works 35 hours one week, can she work 55 hours the next)?
No, the weekly limit is 45 hours, regardless of how many hours your au pair worked the previous week.

Can I pay my au pair once a month? What about every other week?
No, the au pair should receive her stipend on an agreed upon day each week.

Can my au pair work during her 13th month? Au pairs are not allowed to work during their 13th month. The 13th month is a 30 day grace period following the completion of their program term, during which au pairs are permitted to travel in the U.S. During this time, au pairs are no longer have J-1 visa status and are under the jurisdiction of the Department of Homeland Security.

Can my au pair work another job? What if she is not working the full 45 hours/week for our family? No, the J-1 visa does not allow au pairs to engage in employment outside of the au pair position, regardless of the number of hours she/he works caring for the children. Engaging in unauthorized employment is a violation of the J-1 visa and is grounds for termination from the program.

All host families have an in-home interview prior to the au pair’s arrival, and at this time the Local Childcare Coordinator (LCC) will inspect the living space reserved for the au pair. She or he will make the final determination as to whether the au pair’s housing arrangements meet the program requirements.

Can my au pair share a room with my child(ren)? No, the au pair must have her own private bedroom.

Can she share a bathroom?
Yes, au pairs are not required to have a private bathroom.

Do I need to provide my au pair with a car? No, au pairs are not required to have access to the host family’s car. However, if you do not allow your au pair to drive, you are responsible for providing or arranging transportation for your au pair to get to monthly meetings and local classes. Cultural Care also recommends that you consider alternate transportation options that are available in your area for when your au pair wants to visit with friends during her free time. If you live in a rural area with no access to public transportation your au pair may feel isolated.

Do I need to provide my au pair with her own telephone/cell phone? Her own computer?
No, you are not required to provide your au pair with her own telephone or computer. Your au pair will need some way to stay in touch with her own family and friends, however. So, if she/he is to share your family’s phone and computer, you should discuss the rules surrounding their usage, including payment of any telephone bills.

Can my au pair help care for our pets? You cannot require your au pair to care for your pets, but if she chooses to, it is okay for her/him to help.

Can my au pair do the family’s laundry? It’s fine for you au pair to do her own laundry as well as the children’s laundry. However, you cannot require that she/he do other family members’ laundry.

If it is customary in my au pair’s home country to drink alcohol before the age of 21, is it okay for me to offer my au pair alcoholic drinks in my home? Because the legal drinking age in the U.S. is 21, Cultural Care recommends that all host families abide by this law at all times. All Cultural Care au pairs sign an agreement stating that they will not consume alcoholic beverages if under the age of 21 years.

Do au pairs need to get a Delaware Driver’s License?

Posted by: Amy Bryan on November 3, 2008

The answer to that question is “Yes!”

There was some confusion regarding this recently.  I called the DMV to clarify, as I too, was confused.  I was told previously that an international license was valid in conjunction with a license from the au pairs’ home countries; however, this is no longer the case.

I asked specifically for the general rules regarding one who is here on a J-1 visa, which is the visa issued to any legal au pair from any agency.