Wednesday, March 13, 2013

DO YOU KNOW THE STATE DEPARTMENT RULES AND REGULATIONS?





State Department Rules and Regulations any Au-Pair and Host Family should know: 
  
    •    Au pairs may not provide more than 45 hours per week and no more than 10 hours per day of childcare under any circumstances including situations in which Au-Pairs are left home alone overnight with the children.
    •    The current weekly Au-Pair stipend is $195.75 per week. The calculation used to determine the Au-Pair stipend amount is a combination of the federal minimum wage as well as a room and board allowance.  The exact calculation used to determine the weekly stipend is as follows: Minimum wage amount x 45 hours – 40% (room and board allowance) = Au-Pair stipend amount.  On May 24th, 2007, Congress approved the first increase in the federal minimum wage in nearly a decade.  President Bush signed this bill on May 25th and this has a direct impact on the Au-Pair weekly stipend 60 calendar days post-presidential approval. As the changes to minimum wage impact the Au-Pair stipend incrementally, what follows is an overview of these changes and how they have already impacted and will impact the stipend over time:
    •    Tuesday, July 24th, 2007: Increase to $ 157.97 per week
    •    Thursday, July 24th, 2008: Increase to $176.85 per week
    •    Friday, July 24th, 2009: Increase to $195.75 per week
    •    “Does the family have to pay the Au-Pair the full weeks stipend if the Au-Pair only works a part of the week?”
The answer is “YES”.
Even if the Au-Pair works one day out of the full week, the family is obligated to pay the full weeks stipend. The Au-Pairs are obligated to work “up to” 45 hours per week.
    •    Au pair responsibilities must relate solely to the care of the children and may not include heavy household chores. Light housekeeping is acceptable: children’s laundry, children’s sheets, children’s bedrooms and bathroom as well as the Au-Pairs room and bathroom, tidying up play area and clean toys, some grocery shopping, emptying dishwasher, prepare and clean up after meals, etc.)
    •    Au pairs may not work outside their host family’s home under any circumstances including babysitting for neighbors.
    •    Au pairs may not provide additional childcare (in excess of the 45 hours per week) for additional compensation to their own host families.
    •    Au pairs may not be left alone with infants under 3 months of age under any circumstances. If an au pair is asked to care for an infant under 3 months, a parent or responsible adult must be present in the home at all times.
    •    Au Pairs get 2 weeks paid vacation (14 days Monday through Sunday – not 14 weekdays) and 1 1/2 consecutive days off per week. One full weekend off per month is also a requirement.
    •    Au-Pairs are required to attend monthly meetings and the family is responsible for the transportation to the meeting.
    •    Au-Pairs are required to take 6 credits during the year and the family is responsible for $500 towards those classes. The family is also responsible for the Au-Pairs transportation to and from school, weather it is the car or paying for public transportation.
    •    Au pairs must live with the host family during their time in the U.S. Some host families have separate guest housing on their property, and in most cases this is an appropriate solution, provided the au pair has full access to the host family’s main house at all times and is invited to join them in daily activities such as mealtimes. An au pair cannot live in a separate apartment or separate building which is not part of the host family’s property.
    •    Au-Pairs must have a private bedroom which the Local Coordinator will inspect prior to arrival. She can however share a bathroom with any member of the family.

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