Kansas Household Employer Guide 2026
Your household employee — a nanny, caregiver, housekeeper, or anyone who works in your Kansas home — is a W-2 employee. Kansas is one of the simpler household-payroll states: two-bracket state income tax, employer-paid unemployment insurance, no statewide paid leave, no PFML, and workers' compensation generally not required for household employers.
Start Payroll Free →When the rules apply
Kansas household employers mainly need to watch the federal payroll thresholds and the $1,000 quarterly Kansas unemployment threshold:
How Nest Payroll handles this
Each pay period, you pay your employee the net amount directly — through Venmo, Cash App, Zelle, your banking app, or by check. We calculate accurate withholdings on every pay stub from day one. Once you cross the $1,000 quarterly threshold, we register you with the Kansas Department of Labor.
Federal taxes — quarterly EFTPS payments
At the end of each federal quarter (March, May, August, December), Nest debits your bank account for the federal taxes owed — FUTA, employer + employee FICA, and any federal income tax withheld — and remits them to the IRS via EFTPS. You'll get a confirmation email a week beforehand. Your money stays in your account until taxes are actually due. We don't hold withholdings on your behalf. At year-end, Schedule H on your Form 1040 reconciles everything Nest already paid through the year; Nest produces a signature-ready version.
Kansas state taxes — quarterly UI filings
Each quarter, Nest files the Quarterly UI Wage Report (K-CNS 100) with the Kansas Department of Labor for state UI tax — an employer-paid contribution, not withheld from your employee.
Set up payroll in 5 minutes.
Nest handles KS UI registration, paystubs, quarterly Kansas Department of Labor filings, and year-end Schedule H — all for $42/mo.
Setup checklist (before they start)
Kansas Workers' Compensation Insurance — voluntary for households
Under K.S.A. § 44-505, employers with gross annual payroll under $20,000 and household domestic workers are excluded from Kansas's mandatory workers' compensation coverage. You are not required to carry workers' comp for a household employee.
However, you can voluntarily elect coverage by purchasing a household-employer workers' comp policy through any licensed Kansas insurance carrier. Voluntary coverage shields you from common-law negligence suits if your worker is injured on the job, and gives your employee predictable benefits without litigation.
Form I-9 (Employment Eligibility)
Have your employee complete the Form I-9 at hire to verify they're authorized to work in the United States. You don't submit this anywhere — keep it filed in case of audit.
Federal W-4 + Form K-4 (Kansas withholding certificate)
The federal W-4 determines how much federal income tax to withhold from each paycheck. Kansas requires its own state withholding certificate, Form K-4 (Kansas Employee's Withholding Allowance Certificate), used to claim Kansas-specific personal allowances.
Kansas New Hire Reporting
Report new hires to the Kansas New Hire Reporting Center within 20 days of the start date. You can file online at the link above. Federal law requires this; KS penalty for failure is up to $25 per missed report.
Required Employment Posters
Even with a single household employee, the following workplace posters are required (or equivalent notification, since your home isn't a typical workplace):
- Federal posters: FLSA, FMLA, EEO, USERRA, Polygraph Protection
- Kansas required workplace posters (Kansas Department of Labor — required posters)
- Kansas Unemployment Insurance poster
For a household setting, a single binder kept in a common area satisfies the posting obligation in most cases.
Written Work Agreement
Kansas does not require a written employment agreement, but it's strongly recommended. A clear written agreement reduces misunderstandings and protects both parties when situations come up that you didn't anticipate.
Use our free nanny contract template as a starting point — it covers compensation, hours, duties, vacation, sick time, confidentiality, and at-will employment language.
Pay & compensation
Minimum Wage — federal floor of $7.25/hr
Kansas state minimum wage is $7.25/hr (K.S.A. § 44-1203), matching the federal floor. There are no local city or county minimum wages in Kansas. In practice, household-employer market rates are well above this; nanny pay in Wichita, Overland Park, Kansas City, and Topeka typically ranges from $15–$22/hr depending on experience and responsibilities.
Overtime — 1.5× regular pay over 40hr/week
Federal Fair Labor Standards Act (FLSA) overtime rules apply: live-out household employees get 1.5× their regular hourly rate for any hours over 40 in a workweek. Live-in household employees are exempt from federal OT (FLSA exemption for live-in domestic workers), and Kansas has no state OT requirement that overrides this.
| Worker type | OT trigger | Rate |
|---|---|---|
| Live-out (most nannies, housekeepers, caregivers) | Over 40 hr/week | 1.5× regular |
| Live-in | FLSA-exempt — no OT required | 1.0× regular |
"No Tax on Overtime" Deduction (2025–2028)
The One Big Beautiful Bill Act (OBBBA, July 2025) created a temporary federal income-tax deduction for overtime premiums earned 2025–2028. Employees may deduct up to $12,500 of qualifying OT premium pay annually ($25,000 if married filing jointly). This is a federal income tax deduction at filing time — it does NOT exempt OT from FICA or state income tax, and it does NOT change paystub withholding. Employers must report the qualifying OT premium portion separately on the W-2 (Box 14 or a designated code). Nest Payroll handles this automatically.
Pay Frequency
Household employees are usually treated as non-exempt hourly workers under FLSA rules — even when you've agreed to pay a "salary," federal FLSA treats it as a wage covering a fixed number of hours per week, with overtime owed on hours past 40.
Under K.S.A. § 44-314, employers must pay wages at least monthly on regular paydays designated in advance. Most household payroll arrangements pay weekly or biweekly to keep cash flow predictable for both sides.
Mileage Reimbursement
Kansas does not have a state-mandated mileage reimbursement rate for private employers. If your employee uses their own car for work-related driving (errands, school pickup, doctor's appointments for the children), reimburse at the federal IRS standard mileage rate — $0.70/mile for 2026. Reimbursements at or below the federal rate are not taxable wages.
Paystub Requirements
Kansas does not have a specific statute requiring itemized paystubs, but you should provide them anyway for clear recordkeeping. Each paystub should show: gross wages, hours worked, deductions (federal income tax, FICA, KS PIT), net pay, and pay period dates.
Time off & leave
Paid Sick Leave — none required statewide
Kansas does not have a statewide paid sick leave law, and no city in Kansas has enacted a local paid sick leave ordinance. Sick time is offered at the employer's discretion.
If you choose to offer sick leave, common household-employer practice is 5–10 days/year, usable for the employee's own illness or to care for an immediate family member.
Vacation & PTO
Kansas does not require paid vacation. If you offer it, document the policy in writing — under Kansas law, vacation pay is enforceable to the extent your written policy states it will be paid out at separation. A clear policy with a written cap (or "no payout at separation" provision) protects you.
Upon departure
When the working relationship ends — whether the employee resigns or you terminate — Kansas's final pay rule (K.S.A. § 44-315) requires final wages to be paid on the next regular payday following separation.
At separation, give your employee a final paystub and a copy of any timekeeping records you've maintained. If you've offered vacation as part of your written policy, pay out the earned-but-unused portion (pro-rated through the last day worked, at the final rate of pay) per your policy.
Year-end forms
By the end of January each year, you'll need to deliver:
- W-2 to your household employee — for their personal tax return
- W-3 + Copy A of W-2 filed with the Social Security Administration
- Schedule H attached to your personal Form 1040 by April 15
- Quarterly K-CNS 100 UI Wage Report with the Kansas Department of Labor (handled throughout the year by Nest once you cross the $1,000 quarterly threshold)
- Form KW-3 (Annual Withholding Tax Return) filed electronically with the Kansas Department of Revenue by January 31
Bonuses, vacation payouts, and other supplemental wages. Nest uses the aggregate method for federal income tax withholding: bonuses, PTO payouts, and other supplemental wage payments are combined with regular wages and withheld at the worker's regular W-4 rate — not the flat 22% federal supplemental rate. For most household workers, this produces a slightly larger net check than the flat method would.
Tax breaks for household employers
Two federal tax breaks may help offset your nanny payroll costs:
For nannies caring for school-aged kids, families often use the DCFSA first (better tax savings for most), then claim the credit on any expenses above the FSA limit. Note: you cannot claim the same expenses under both — but you can split them.
Resources & free tools
The information on this page is general in nature and not tax, legal, or financial advice. Kansas rules change. Verify current rates and rules at Kansas Department of Revenue and Kansas Department of Labor, or consult a tax advisor.