Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1.
Definition.
Babysitters are individuals who provide child-care services to
parents and are not licensed to operate day care centers under Minnesota
Statutes, chapter 245. Subparts 2 and 3 are applicable only if the threshold
requirements of Minnesota Statutes, section
176.041,
subdivision 1, have been met.
Subp.
2.
Independent contractor.
A babysitter is an independent contractor if all of the
following criteria are substantially met.
A. The babysitter takes care of another's
child in the babysitter's own home or other premises under the babysitter's
control.
B. The instructions given
to the babysitter by the parents are general in nature, relating to matters of
diet, health, rest, special foods to be given to the child, and who to contact
in an emergency.
C. The babysitter
is allowed to exercise judgment on matters as to the amount of time and
attention the child requires, the types of meals to serve, and the manner of
coping with situations which may arise.
D. The babysitter is free to perform
household chores when the child does not require personal attention.
Subp. 3.
Employee.
A babysitter is an employee if all of the following criteria
are substantially met.
A. The
babysitter performs child-care services in the home of the child's
parents.
B. The babysitter has been
engaged to devote services exclusively to the performance of the employer's
work.
C. The babysitter is given
instructions regarding such matters as the amount of time and attention the
child requires, the types of meals to serve, and the manner of coping with
situations that may arise.
Subp.
4.
Babysitter services contracted through agencies.
A babysitter is an employee of an agency in the business of
supplying names of babysitters if all of the following criteria are
substantially met.
A. The agency
maintains a register of names and addresses of individuals whom the agency
determines are qualified to perform babysitter services. The agency advertises
and otherwise holds itself out to the public as being engaged in the business
of furnishing a babysitter service.
B. The agency fixes the fee to be charged for
the services and notifies the babysitter where to report and the hours to be
worked.
C. The babysitter pays the
agency a specified amount or a percentage of the wages. Appearance and the
performance of services must be guided by standards and rules issued by the
agency.
D. The babysitter must
notify the agency when not available for an assignment and usually agrees to
restrict work to that furnished by the agency.
E. Any complaints as to the quality of the
services are made by the parents to the agency, and the agency may remove the
babysitter's name from its register.
Statutory Authority: MS s
176.041;
176.83
