20 C.F.R. § 404.1015

Family services

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(a) General. If you work as an employee of a relative, the work is excluded from employment if—

(1) You work while under age 18 in the employ of your parent;

(2) You do nonbusiness work (see § 404.1058(a)(3) for an explanation of nonbusiness work) or perform domestic service (as described in § 404.1057(b)) as an employee of your parent while under age 21;

(3) You do nonbusiness work as an employee of your son, daughter, or spouse; or

(4) You perform domestic service in the private home of your son, daughter or spouse as an employee of that son, daughter or spouse unless—

(i) The son or daughter has a child (either natural, adopted or stepchild) living in the home who is under age 18 or, if older, has a mental or physical condition that requires the personal care and supervision of an adult for at least four continuous weeks in the calendar quarter in which the work is done; and

(ii) The son or daughter is a widower or widow, or is divorced and has not remarried, or has a spouse living in the home who, because of a physical or mental condition, is incapable of taking care of the child and the condition is present for at least four continuous weeks in the calendar quarter in which the work is done.

(b) Family work for other than sole proprietor. Work for a corporation is not excluded under this section, and work for a partnership is not excluded unless the required family relationship exists between the employee and each of the partners.

[45 FR 20075, Mar. 27, 1980, as amended at 57 FR 59913, Dec. 17, 1992]

Notes of Decisions

Cited in 3 cases, 1987–1991 · leading case: Cornelius v. Sullivan, 936 F.2d 1143 (11th Cir. 1991).

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Cornelius v. Sullivan, 936 F.2d 1143 (11th Cir. 1991). · cites it 4× “The administrative law judge found that Cornelius’s earnings for babysitting her granddaughter specifically were excluded by 20 C.F.R. § 404.1015 (a)(4), which excepts from coverage domestic services in the home of an applicant’s son or daughter as his or her employee.”

Nonah L. HIGHFILL, Appellant, v. Otis R. BOWEN, Sec'y, Dep't of Health & Human Servs., Appellee, 832 F.2d 112 (8th Cir. 1987). · cites it 2× “The AU further noted that under 20 C.F.R. § 404.1015 , “services of a domestic nature (such as babysitting) performed by a parent as an employee of his or her son or daughter, but not in the private home of the son or daughter .”

Gladyce v. CORNELIUS, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 923 F.2d 1486 (11th Cir. 1991). · cites it 4× “The administrative law judge found that Cornelius’s earnings for babysitting her granddaughter specifically were excluded by 20 C.F.R. § 404.1015 (a)(4), which excepts from coverage domestic services in the home of an applicant’s son or daughter as his or her employee.”

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