Michigan Employer Guide

Michigan Household Employer Guide 2026

Your household employee — a nanny, caregiver, housekeeper, or anyone who works in your Michigan home — is a W-2 employee. Michigan household payroll includes a flat 4.25% state income tax, the Earned Sick Time Act, a 35-hour workers' comp threshold, and possible city income tax considerations.

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Updated May 2026 · Verified against MI Treasury, MI Department of Labor and Economic Opportunity (LEO), MI Unemployment Insurance Agency (UIA), and IRS
State Threshold$1,000/qtr
Minimum Wage$13.73/hr
State Income Tax4.25%
Sick Leave40 hrs
Workers' Comp35 hrs/wk
Michigan has four household-payroll items that matter most. First, Michigan has a flat 4.25% state income tax and uses Form MI-W4. Second, state UI and Treasury registration begin after the $1,000 quarterly household-employer threshold. Third, the Earned Sick Time Act requires small employers, including households, to provide up to 40 hours of paid sick time. Fourth, workers' comp may apply when a household employee works 35+ hours per week for 13+ weeks.
Your household worker is a W-2 employee. Whether they're a nanny, caregiver, housekeeper, gardener, or personal assistant — if you control when, where, and how the work is done, they are your employee under IRS rules. That means W-2 reporting, payroll tax compliance, and Michigan labor law obligations. Most household workers are employees under IRS rules, not contractors — issuing a 1099 in this situation can lead to back tax penalties, interest, and wage-law liability.

When the rules apply

Michigan household employers mainly need to watch federal payroll thresholds and the $1,000 quarterly state threshold for UI and Treasury registration.

Federal thresholds
$1,000
per quarter
Cash wages to all household employees combined. Triggers: pay federal Unemployment Tax (FUTA — 6% on the first $7,000 per employee, with state credit). Report on Schedule H with your 1040.
$3,000
per year, per employee
Cash wages to a single household employee in the calendar year. Triggers: withhold and pay FICA (Social Security 6.2% + Medicare 1.45%). Report wages to the Social Security Administration via W-2 and W-3.
Michigan state thresholds
$1,000
per quarter
Cash wages to all household employees combined. Triggers Michigan UIA registration and Michigan Treasury withholding registration.
Michigan state registration timing: Michigan state UI and Treasury withholding obligations begin once the household-employer threshold applies. Federal withholding, if elected, can begin earlier.

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. Nest generates the pay stub, calculates payroll taxes, and registers you with Michigan UIA and Treasury once the $1,000 quarterly threshold applies.

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.

Michigan state taxes — after the $1,000 quarterly threshold

Once Michigan payroll obligations apply, Nest registers the required state accounts and handles quarterly UIA wage/tax reporting and Michigan Treasury withholding filings.

Michigan UI tax: New household employers generally pay 2.7% on the first $9,000 of each employee's wages. This is employer-paid and not withheld from your employee. Nest calculates and remits this once Michigan registration applies. Source: UIA — Taxable Wage Base
Michigan state income tax: Michigan applies a flat 4.25% personal income tax. Employees complete Form MI-W4 for Michigan withholding allowances. Source: MI Treasury — MI-W4 form
End-of-year reconciliation: If you didn't cross the federal FICA threshold ($3,000/year per employee — most common when families start payroll late in the year or hire short-term help), we'll let you know exactly what was withheld but doesn't need to be remitted. You return those amounts to your employee, and we file accordingly.

Setup checklist (before they start)

The one-time tasks that need to be done before — or shortly after — your household employee's first day.

Workers' Compensation Insurance

Under MCL 418.115, Michigan household employers must carry workers' compensation insurance if any household employee works 35 or more hours per week for 13 weeks or longer during the preceding 52 weeks. This threshold captures many regular nanny / caregiver arrangements.

Workers' comp protects you from liability if your employee gets injured or sick on the job. Without it, you could be personally liable for medical expenses, lost wages, and potential lawsuits arising from a workplace injury — even one as ordinary as a slip in your kitchen or a back injury from lifting a child.

Two paths to coverage

  • Homeowner's or renter's insurance rider — call your insurance company first. Many MI policies include or can add household-employee coverage as a low-cost rider.
  • Standalone household-employer policy — available from MI-licensed private carriers if your homeowner's policy can't cover it.
Resource: MI Workers' Disability Compensation Agency — official guidance on coverage options and licensed carriers.

Form I-9 (Employment Eligibility)

Federal law requires all employers to verify employment eligibility using Form I-9. Complete this before your household employee's first day of work.

Important: Don't submit the I-9 to anyone. Keep it with your employer records in case of a future audit.

Federal W-4 and Michigan MI-W4

Two withholding forms to collect at hire:

  • Federal W-4 — determines federal income tax withholding.
  • MI-W4 — determines MI state income tax withholding allowances (the $5,900-per-allowance exemption flows from this form). The federal W-4 alone is not sufficient — you need both.
Note on withholding: Federal income tax withholding is voluntary for household employers and requires agreement with your employee. Michigan state withholding applies once Michigan registration is active.

Michigan New Hire Reporting

Michigan requires all employers — including household employers — to report newly hired and rehired employees to the Michigan New Hire Operations Center within 20 days of the hire date.

You'll provide your employee's name, address, SSN, hire date, and your contact information.

With Nest Payroll: We handle Michigan new-hire reporting automatically when you add your employee in the app.

Required Employment Posters

Michigan employers must provide a number of state-mandated notices to their workers. For a household employer with a single employee, you can satisfy this by emailing or texting the link, or printing and giving them physical copies:

Written Work Agreement

Michigan state law doesn't require a written employment agreement, but a written contract prevents misunderstandings about hours, duties, PTO, and house rules.

Build a free contract with our editable template: Nest Payroll Household Employee Contract Builder — fill it out and download as a PDF.

Hand In Hand, a non-profit supporting domestic employers and employees, also offers free sample contracts and guidebooks.

Pay & compensation

Michigan has active wage and leave rules in 2026, including a higher minimum wage, paid sick time, and a twice-monthly pay-frequency floor.

Minimum Wage — $13.73/hr (2026)

Effective January 1, 2026, Michigan's standard minimum wage is $13.73 per hour, up from the prior $12.48 / $13.29 path. The rate now follows the SB 8 (2025) staircase, which accelerates the path to $15: $14.16 in 2027, $14.97 in 2028, then $15+ with CPI indexing.

Michigan Minimum Wage — 2026
Worker TypeHourly Rate
Standard employees (18+, employers with 2+ workers)$13.73
Tipped employees (cash wage at 40% of standard)$5.49
Workers under 18 (85% of standard)$11.67
Federal minimum wage (FLSA floor)$7.25
Practical note: Most MI household employees are paid well above $13.73/hr because the local market for nannies, caregivers, and housekeepers commands far higher rates. Common rates in the Detroit and Ann Arbor metros range from $20–$28/hr. Source: MI LEO — Minimum Wage · SB 8 Analysis (2025)

Overtime

Michigan follows the federal Fair Labor Standards Act (FLSA) standard: 1.5× the regular hourly rate for all hours worked over 40 in a 7-day workweek. MI doesn't impose a stricter daily-overtime rule.

Michigan Overtime — Household Workers
ConditionRate
Live-out, more than 40 hours in a workweek1.5× hourly
Live-in employees (any hours)Exempt from overtime
Work performed on a holiday or weekend (otherwise routine)No premium required
Live-in exemption: Under federal FLSA — which Michigan follows — live-in domestic workers are exempt from the 1.5× overtime requirement. Live-in nannies and caregivers must be paid at least minimum wage for all hours worked, but weekly overtime is not legally required. Document live-in schedules carefully so hours and pay expectations are clear. Source: U.S. DOL — Fair Labor Standards Act

"No Tax on Overtime" Deduction (2025–2028)

The federal overtime deduction may let household employees deduct the premium portion of qualifying overtime pay on their personal tax return. This is a federal income-tax rule; it does not change how you calculate overtime, FICA, Michigan withholding, or payroll records.

With Nest Payroll: Nest tracks qualified overtime reporting for W-2 purposes when required.

Pay Frequency

Household employees are virtually always hourly under federal FLSA — even when you've agreed to pay a "salary," it's treated as a wage covering a fixed number of hours per week, with overtime owed on hours past 40. Under the Michigan Payment of Wages and Fringe Benefits Act (MCL 408.472), employers must pay employees on a regular, scheduled payday no less frequently than twice per month (semi-monthly is the floor; weekly and bi-weekly are common alternatives).

Whatever cadence you pick, designate the regular paydays in writing at hire and stick to them — even a simple email or text confirming "you'll be paid every Friday" satisfies the requirement.

With Nest Payroll: Nest defaults to weekly pay stubs, which automatically satisfies MI's semi-monthly minimum and gives you flexibility on the bank-transfer schedule. The weekly pay stub is your record of what was earned; the actual bank transfer is whenever you want to move the money — as long as your designated paydays are honored.

Mileage Reimbursement

Michigan does not require mileage reimbursement, but you must reimburse necessary work-related driving expenses if those costs would otherwise reduce your employee's wages below the minimum wage. Most MI employers use the IRS standard rate:

$0.725 per mile (2026)

Common reimbursable household-employee miles: driving children to activities, running household errands, taking a senior client to medical appointments. (Commuting to/from work doesn't count.)

Paystub Requirements

Under MCL 408.479, each pay period you must provide your employee with an itemized statement showing hours worked, rate of pay, gross wages, deductions itemized, and net wages. Records must be retained for at least 3 years.

With Nest Payroll: Nest generates a compliant earnings statement (pay stub) for every weekly pay period — automatically. Each stub shows the rate, gross wages, FICA, federal income tax (if elected), MI 4.25% income tax (after threshold crossed), net pay, and hours worked. You can email each stub to your employee directly from the app, or download a PDF.

Michigan payroll has a few moving parts, but it is manageable with the right setup.

Nest Payroll handles federal and Michigan payroll, ESTA tracking, W-2s, and Schedule H — starting at $42/mo. 14-day free trial.

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Time off & leave

Michigan's main paid-leave program is the Earned Sick Time Act (ESTA), which was significantly amended in 2025. There's no Michigan paid family leave or temporary disability program.

Earned Sick Time Act (ESTA) — 40 hours/year for households

Effective February 21, 2025 (and amended through 2025 to soften coverage for small employers), the Michigan Earned Sick Time Act (MCL 408.961) entitles every Michigan employee — including domestic workers — to paid sick time. Coverage and hours depend on employer size:

Michigan ESTA — Households Are Small Employers
Employer SizeAnnual CapAccrualCompliance Date
Small employer (≤10 workers, every household)40 hours1 hour per 30 workedOctober 1, 2025
Standard employer (11+)72 hours1 hour per 30 workedFebruary 21, 2025

Employees can use ESTA after a 90-day waiting period for a wide range of permitted reasons: their own or family illness, mental or physical health treatment, preventive care, weather/closure-related school days, time related to domestic violence, and similar uses.

Accrual vs. frontloading — and why frontloading is simpler

Accrual
The default
Sick time builds up at 1 hour per 30 worked. Requires careful tracking, carryover into the following year (capped at 40 for small employers), and unused-time reconciliation.
Frontloading
Recommended
Provide all 40 hours upfront at the start of each benefit year (or pro-rated at hire). The employee has access to all hours on day 1 — no per-hour tracking, no carryover. Explicitly allowed under the 2025 ESTA amendments.

Frontloading is generally better for household employers — no accrual tracking, no carryover to manage at year end. ESTA does not require payout of unused sick time at separation.

How Nest Payroll handles this: Nest is built around the frontloading model — you set your employee's full annual ESTA balance at the start of each benefit year (or pro-rated at hire), and pay stubs reflect the running balance as time is used. Set 40 hours for ESTA compliance as a small employer. Nest doesn't auto-detect employer size or city tier — you choose the number that matches your situation. Source: MI LEO — Earned Sick Time Act

Vacation & PTO

Michigan does not require paid vacation. If you offer it, document the policy in writing — under MI law, vacation pay is enforceable to the extent your written policy states it will be paid out at separation. Without a written policy, MI courts have generally treated accrued vacation as wages owed.

Frontloading at the start of each year is the simplest approach. If you offer paid vacation, set the annual amount upfront and let your employee draw against it as time is used — no per-pay-period accrual tracking, no carryover headaches at year-end. See our frontload PTO & payout guide for the calculation method when payout does apply (earned-but-unused, pro-rated through the last day worked, at the final rate of pay).

A note on Michigan city income taxes

Michigan is one of the few states with widespread local (city) income taxes — 24 cities impose their own income tax on residents and / or non-residents who work there. Major examples:

Common Michigan City Income Tax Rates (2026)
CityResident RateNon-resident Rate
Detroit2.4%1.2%
Grand Rapids1.5%0.75%
Lansing1.0%0.5%
Ann ArborNo city income tax
Practical guidance for households: If your employee works in a Michigan city with an income tax, they may owe city income tax personally. City income tax rules are separate from state payroll, so check the city tax department for current household-employer obligations.

Upon departure

Final wages: Under MCL 408.474, all wages owed to a separated employee — whether terminated or resigning — must be paid by the next regularly scheduled payday following the separation.

Unused vacation/PTO: Vacation pay is enforceable to the extent your contract or written policy states it will be paid out at separation. Without a written policy, MI does not require payout.

Final W-2: Provide the federal Form W-2 by the regular January 31 deadline (or earlier if requested by the former employee).

Year-end forms

Your responsibilities

  • Hand the W-2 to your household employee by January 31 — Nest produces this; you deliver it
  • Attach Schedule H to your Form 1040 by April 15 — Nest produces a signature-ready version

What Nest handles for you

  • Quarterly federal tax payments to the IRS via EFTPS
  • W-3 + Copy A of W-2 filed with the Social Security Administration
  • Michigan UIA quarterly filings once registration applies
  • Michigan Treasury withholding filings once registration applies
With Nest Payroll: Your tax forms are generated automatically and appear in your Tax Summary by the end of January.
Bonuses and vacation payouts: Bonuses and vacation payouts are included on your employee's W-2 and taxed through regular payroll withholding calculations.

Tax breaks for household employers

Paying your household employee legally unlocks meaningful federal tax breaks that often offset most of your employer-side payroll tax cost.

Dependent Care FSA (DCFSA)

For 2026, the federal max contribution is $7,500 (married filing jointly) — up significantly from prior years under the OBBBA. Note: your employer's specific plan may still cap at $5,000.

Child & Dependent Care Tax Credit

Up to 50% of qualifying care expenses for 2026 — up from 35% in 2025. Capped at $3,000 of expenses for one qualifying child or $6,000 for two or more. At the 50% rate, a family with two or more dependents could receive a credit of up to $3,000.

→ See our complete guide to nanny tax breaks — includes DCFSA, Care Credit, EAP (Educational Assistance Program), and ICHRA (health reimbursement).

Resources & free tools

Ready to pay your Michigan household employee legally?

Nest Payroll handles EIN setup, MI UIA + Treasury registrations, payroll calculations, and quarterly tax filings — all automatically. 14-day free trial.

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Disclaimer: The information on this page is general in nature. This is not tax, legal, benefits, financial, or HR advice. Rules and regulations change over time. The 2025 ESTA amendments, Michigan workers' comp 35-hour threshold, and city income tax requirements can be complex — consult an attorney, financial advisor, or licensed insurance broker for your specific situation.