Washington Household Employer Guide 2026
Your household employee — a nanny, caregiver, housekeeper, gardener, or anyone who works in your WA home — is a W-2 employee. Washington has no state income tax, but household payroll includes ESD filings, Paid Family & Medical Leave, WA Cares, paid sick leave, and L&I rules for larger household setups.
Start Payroll Free →When the rules apply
Washington household employers mainly need to watch federal payroll thresholds, the state $1,000 quarterly threshold, and the workers' comp trigger for larger household setups.
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 federal payroll taxes and Washington deductions, and registers you with WA DOR and ESD 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.
Washington state taxes — quarterly ESD filings
Washington has no state income tax, so there's no state withholding to manage. The state-level filings are quarterly with the Employment Security Department (ESD) — one consolidated return covering UI tax (employer-paid), PFML premiums (mostly employee-withheld), and WA Cares Long-Term Care premiums (employee-only). Nest calculates all three on every pay period, files with ESD each quarter (April 30 / July 31 / October 31 / January 31), and debits your account for the amount due.
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 — Washington L&I
Washington is the only state in the country with a state-monopoly workers' comp system. There is no private workers' comp insurance market — every employer with covered workers buys directly from the WA Department of Labor & Industries (L&I).
For households, L&I coverage is required only when you have:
- Two or more household employees, AND
- Each of them works 40+ hours per week.
If you have one employee at any hours, or two employees where at least one is part-time, you're not legally required to carry L&I.
Even if not required, voluntary L&I coverage is recommended. Without it, you could be personally liable for medical expenses, lost wages, and potential lawsuits arising from a workplace injury — even a slip in your kitchen or a back injury from lifting a child.
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.
Federal W-4
The federal W-4 determines how much federal income tax to withhold from each paycheck. Have your household employee fill this out at hire and any time their situation changes.
Required Brochures (give to employee at hire)
Washington requires employers to provide certain notices to new household employees. Print or email each one at hire:
Washington New Hire Reporting
Under RCW 26.23.040, all employers — including household employers — must report newly hired and rehired employees to the DSHS Division of Child Support within 20 days of the hire date. This is reported to DSHS, not ESD — a quirk specific to Washington.
You'll provide your employee's name, address, SSN, hire date, and your contact information. Reporting can be done online, by fax (1-800-562-0479), mail, or phone.
Required Employment Posters
Washington requires several workplace posters. For a household employer with a single employee, you can satisfy this by emailing the links or printing the relevant ones:
Seattle employers have additional notice requirements under the Domestic Workers Bill of Rights — see the city section below.
Written Work Agreement
Washington state law doesn't currently 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
Everything that goes into a paycheck — minimum wage, overtime, when to pay, pay stubs, and reimbursable mileage.
Minimum Wage — $17.13/hr (2026)
Washington's statewide minimum wage is $17.13/hour for 2026. Several cities require higher local minimums — when state and local minimums differ, employers must pay the higher rate. Most household employers fall below city-specific size thresholds (which typically apply to 15–500+ employees), so the state $17.13 applies in those cities.
| Location | Rate (Household Employer) |
|---|---|
| Seattle (any employer size) | $21.30/hr |
| Bellingham (any employer size) | $19.13/hr |
| Renton (small employer, <15 workers) | state $17.13/hr |
| Burien (small employer, ≤20 workers) | state $17.13/hr* |
| Tacoma, Spokane, rest of WA | $17.13/hr |
*Burien is currently subject to competing minimum wage ordinances following a 2025 voter initiative and ongoing litigation. Verify current rate with L&I before each pay period if you employ in Burien.
Overtime
Washington follows the federal Fair Labor Standards Act (FLSA) standard for household worker overtime: 1.5× the regular hourly rate for all hours worked over 40 in a 7-day workweek. Washington does not impose a stricter daily-overtime rule.
| Condition | Rate |
|---|---|
| Live-out, more than 40 hours in a workweek | 1.5× hourly |
| Live-in employees (any hours) | Exempt from overtime |
| Work performed on a holiday or weekend | No premium required |
"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, Washington deductions, or payroll records.
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 Washington RCW 49.48.010, employees must be paid at intervals no longer than monthly, on regular paydays designated in advance. If your pay period is shorter than a month (most household setups), the regular payday must come no later than 10 calendar days after the end of the pay period. Common household schedules:
- Weekly — every Friday, the most common cadence for nannies and caregivers
- Bi-weekly — every other Friday
- Semi-monthly — 1st and 15th, or 15th and end-of-month
Designate your regular payday in writing at hire — even a simple email or text confirming "you'll be paid every Friday" satisfies this.
Mileage Reimbursement
Washington doesn't 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 employers use the IRS standard rate:
$0.725 per mile (2026)
Common examples: driving children to activities, running household errands, taking a client to medical appointments. (Commuting to/from work doesn't count.)
Paystub Requirements
Washington requires an itemized statement with each paycheck showing: pay basis (hours or piece rate), hours worked, rate(s) of pay, gross wages, all deductions itemized, and net pay. Records must be retained for at least 3 years (4 years in some cases under RCW 49.46.020).
Washington payroll has more moving parts than most no-income-tax states.
Nest Payroll handles federal and WA payroll, PFML + WA Cares withholding, W-2s, and Schedule H — starting at $42/mo. 14-day free trial.
Time off & leave
Sick leave, vacation, Washington's Paid Family & Medical Leave program (PFML), and the WA Cares long-term care benefit.
Paid Sick Leave (statewide — RCW 49.46.210)
Washington requires 1 hour of paid sick leave for every 40 hours worked, with usage allowed after 90 days of employment. Unused balances of 40 hours or fewer must carry over to the next year. Employees can use sick leave for: their own or a family member's illness/preventive care; school closures; absences related to domestic violence; and (since July 27, 2025) preparation for or participation in immigration proceedings (HB 1875).
Records of accrual and usage must be maintained, and you must give your employee monthly notice of their available sick balance (most employers do this on the pay stub itself).
Accrual vs. frontloading — and why frontloading is simpler
Washington gives you two ways to provide sick leave:
Frontloading is generally better for household employers for three reasons:
- No accrual tracking. You don't need to monitor the 1-per-40 rate or true-up at year end.
- No payout at separation. Frontloaded statutory sick leave doesn't have to be paid out when the employee leaves — that's true universally, in every U.S. state, including under WA's RCW 49.46.210 and the Seattle Paid Sick & Safe Time ordinance.
- Annual reset. Frontloaded sick leave can reset to the full annual amount each year — WA explicitly allows annual reset for frontloaded sick leave under L&I rules, in contrast to accrued sick leave which carries over up to 40 hours.
Vacation & PTO
Washington does not require paid vacation. If you offer it, document your policy in writing — Washington law generally treats vacation pay as wages owed to the extent your contract or written policy says it's earned. To preserve flexibility on what happens at separation, state your vacation policy explicitly in your work agreement.
This is the policy-default rule with forfeiture allowed: silent policy = whatever Washington case law decides; clear written policy = whatever you wrote. Washington is one of the states where you can adopt a "use it or lose it" or no-payout-at-separation policy, provided it's clearly documented in writing at hire.
For any portion of vacation that does have to be paid out under your policy, the calculation is the earned-but-unused portion through the last day worked, at the final rate of pay. Vacation accrues pro-rata as labor is performed — even when frontloaded.
- Keep sick separate from vacation. If you combine sick and vacation into a single "PTO" bank, the entire balance gets characterized as vacation under your written policy — and if your policy says vacation is paid out, you'll owe the full combined balance. Tracking sick separately preserves the option to handle it differently.
- Document forfeiture explicitly if that's your intent. A silent policy can leave the question open. If you want unused vacation to forfeit at year-end or separation, write that into your work agreement at hire — don't rely on silence.
- Vacation pays pro-rata, not the full balance. If your policy provides for payout and you frontloaded 80 hours on January 1, your employee leaving June 30 has earned 40 hours pro-rata (not 80). Subtract any used hours from the earned portion to get the payable amount.
See our Frontload PTO Payout guide for the full pro-rata framework, worked example, and tax treatment.
Washington Paid Family & Medical Leave (PFML)
Washington's PFML provides up to 12 weeks per year of partial wage replacement for: bonding with a new child, recovering from a serious health condition, caring for a family member, or military family events. The program has been in effect since 2020 and is administered by ESD.
| Detail | Value |
|---|---|
| Total premium rate | 1.13% of gross wages |
| Employee share (premium split) | 71.43% — i.e., 0.807% of gross |
| Employer share — small employer (<50 employees) | $0 — exempt |
| Employer share — large employer (50+) | 28.57% (households rarely qualify) |
| Wage cap | Social Security wage base ($184,500 for 2026) |
| Eligibility | 820+ hours of work in the prior 4 quarters |
| Maximum weekly benefit | ~$1,758/week (90% of state avg weekly wage; updated annually) |
WA Cares Long-Term Care
WA Cares is Washington's first-in-the-nation public long-term care insurance program. It's separate from PFML — administered by ESD with a separate trust fund. Workers who pay in for enough quarters can claim up to $36,500 lifetime in long-term care benefits starting July 2026.
| Detail | Value |
|---|---|
| Premium rate | 0.58% of gross wages |
| Wage cap | None — applies to all wages |
| Paid by | Employee only (no employer share) |
| Lifetime benefit (2026) | Up to $36,500 (adjusted for inflation annually) |
| Benefits begin | July 2026 |
- Nonimmigrant visa holders — automatically exempt as of January 1, 2026 (SB 5291), unless they opt in
- Private LTC insurance holders — workers who held qualifying private long-term care coverage before Nov 1, 2021 and applied for an exemption by Jan 1, 2023 remain exempt
- Out-of-state residents who work in WA
- Veterans with 70%+ service-connected disability — permanently exempt
Seattle & statewide Domestic Workers Bill of Rights
Seattle Domestic Workers Bill of Rights (in effect since 2018)
If your household employee works in Seattle, the city's Domestic Workers Ordinance applies. It adds these protections on top of state law:
Meal & rest breaks
- 30-minute uninterrupted meal break for shifts longer than 5 consecutive hours
- 10-minute paid rest break per 4 consecutive hours worked
- If you can't provide an uninterrupted break, you must compensate the employee for the missed break time (30 min or 10 min as applicable)
Live-in workers — day of rest
Live-in domestic workers are entitled to a 24-hour unpaid rest period after 6 consecutive days of work.
Written agreement
Seattle employers must provide a clear written employment agreement in a language the worker understands, covering pay rate, hours, and terms of employment.
Enforcement is handled by the Seattle Office of Labor Standards. Phone: (206) 256-5297.
Statewide Domestic Workers Bill of Rights — coming July 1, 2027 (HB 2355)
In March 2026, Governor Ferguson signed HB 2355, creating statewide protections for domestic workers (nannies, housekeepers, gardeners, caregivers) who work 4 or more hours per month. The law takes effect July 1, 2027.
| Right / requirement | Detail |
|---|---|
| Right to minimum wage | Already in effect under state law; codified for domestic workers |
| Right to overtime pay | Federal FLSA standard (40 hr/week, live-in exempt) |
| Written employment agreement | Required — terms, schedule, pay rate, conditions |
| Advance notice of termination | Required (specific timing TBD by L&I rulemaking) |
| Anti-discrimination protections | Codified for domestic workers |
| Privacy protections | Employers cannot monitor workers in bathrooms or private spaces (bedrooms) |
- Watch for L&I to publish model employment agreements and rulemaking guidance in late 2026 / early 2027
- Begin transitioning to written agreements with all your household employees ahead of the effective date
- Review any home monitoring (cameras, smart speakers) — anything in private spaces must come down
Upon departure
Final wages: Under RCW 49.48.010, all wages owed to a separated employee — whether terminated or resigning — must be paid by the end of the established pay period (i.e., the next regular payday for the pay period in which separation occurred).
Earned-but-unused vacation: Washington does not automatically require payout, but accrued vacation is generally treated as earned wages to the extent your written policy or agreement says it's earned. If your policy provides for payout, calculate the earned-but-unused portion pro-rata through the last day worked at the final rate of pay. Frontloaded statutory sick leave doesn't have to be paid out (universally true, every state). See Vacation & PTO above and our Frontload PTO Payout guide for details.
Final W-2: Provide the federal Form W-2 by the regular January 31 deadline (or earlier if requested by the former employee).
Final paycheck items: Even on the last paycheck, you must withhold the WA PFML and WA Cares deductions through the last day worked.
Year-end forms
Your responsibilities
- Hand the W-2 to your household employee by January 31 — Nest produces this; you deliver it (WA PFML and WA Cares deductions typically reported in Box 14)
- Attach Schedule H to your Form 1040 by April 15 — Schedule H reconciles the federal taxes Nest already paid quarterly through EFTPS; Nest produces a signature-ready version
What Nest handles for you
- Quarterly federal tax payments to the IRS via EFTPS (FUTA, employer + employee FICA, federal income tax withheld)
- W-3 + Copy A of W-2 filed with the Social Security Administration
- Quarterly ESD filings covering UI tax + PFML + WA Cares — all on one return (due April 30, July 31, October 31, January 31)
- Quarterly L&I report (only if you carry coverage) — hours by classification, due quarterly with premium remittance
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 WA household employee legally?
Nest Payroll handles EIN setup, WA DOR/ESD/L&I registration, payroll calculations including PFML and WA Cares, and quarterly tax filings — all automatically. 14-day free trial.
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 and vary by location. Workers' compensation through L&I, the upcoming statewide Domestic Workers Bill of Rights (effective July 1, 2027), and Seattle-specific requirements can be complex — consult an attorney, financial advisor, or your local WA L&I office for your specific situation.