Section 2732.230  Domestic Service

a)         For purposes of applying Sections 211.5 and 215 of the Act (Ill. Rev. Stat. 1991, ch. 48, pars. 321.5 and 325) [820 ILCS 405/211.5 and 215], the following terms have the meanings set forth below:

1)         A "private home" is the fixed place of abode of the individual or family for whom the worker is performing services.  A separate and distinct dwelling unit maintained by an individual as a residence, such as a hotel room, boat or trailer, can be a "private home".   A room or suite in a nursing home can be a "private home", provided that the facts and circumstances of the particular case indicate that such room or suite is, in fact, the place where the individual retains his residence.  A home utilized primarily for the purpose of supplying board or lodging to the public as a business enterprise is not a "private home".

A)        Example:  An individual who travels to the home of the child's parents to provide babysitting services for a child is performing services in a private home, while an individual who provides babysitting services in her own home would not be performing services in a private home.

B)        Example:  A worker who provides cooking services in a bed and breakfast establishment wherein the owner resides is not performing services in a private home.

2)         A "local college club" or "local chapter of a college fraternity or sorority" does not include an alumni club or chapter.

3)         "Domestic Service" means service of a household nature, including service performed by cooks, waiters, butlers, housekeepers, housemothers, governesses, maids, valets, babysitters, janitors, launderers, furnacemen, caretakers, handymen, gardeners, footmen, grooms, and chauffeurs of automobiles for family use.  Service not of a household nature, such as by a private secretary, nurse, tutor, or librarian, is not "domestic" service.

            Example:  An individual who performs only caretaking services such as bathing the individual, combing an individual's hair, reading, arranging bedding and clothing, doing laundry and preparing and serving meals is performing "domestic" service, even though he may be characterized as a health care worker.  Registered or licensed practical nurses, or individuals responsible for providing professional or semiprofessional services such as physical therapy or giving intravenous medication, are not performing "domestic" service.

b)         In determining whether an employing unit has paid $1,000 or more in wages in a calendar quarter for "domestic" service in a private home, local college club or local chapter of a college fraternity or sorority, all wages paid for "domestic" service in a private home, local college club or local chapter of a college fraternity or sorority to all individuals who performed "domestic" service in a private home, local college club or local chapter of a college fraternity or sorority for the employing unit are included.

            Example: Company A provides housekeepers to perform services in private homes.  Each individual housekeeper is paid $250.00 in each calendar quarter by Company A.  If 4 or more housekeepers are employed by Company A in a calendar quarter, their services will constitute "employment" under the Act.  In order for the services provided to Company A to be excluded from "employment" under Section 211.5 of the Act, the total wages for domestic service paid to all of the housekeepers provided by Company A must be less than $1,000 for the quarter.

c)         Domestic service which is performed in other than a private home, local college club or local chapter of a college fraternity or sorority, as described in this Section, is not subject to the provisions of Section 211.5 and 215 of the Act.  However, it may be excluded from "employment" by the provisions of Section 206 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 316) [820 ILCS 405/206] if the service is not provided for an "employer" under Section 205 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 315) [820 ILCS 405/205], or it may be excluded from "employment" under Section 212 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 322)  [820 ILCS 405/212].

(Source:  Added at 17 Ill. Reg. 17947, effective October 4, 1993)