56 Ill. Adm. Code 2732.230
Domestic Service
Section 2732
Section 2732.230 Domestic
Service
a) For purposes of applying Sections 211.5 and 215 of the Act
[820 ILCS 405/211.5 and 215], the following terms have the meanings set forth in
this subsection (a):
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 the 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 in which 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 those locations to all individuals who
performed domestic service in those locations for the employing unit are
included.
EXAMPLE:
Company A provides housekeepers to perform services in private homes. Each
individual housekeeper is paid $250 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 that is performed in other than a private
home, local college club or local chapter of a college fraternity or sorority
is not subject to the provisions of Sections 211.5 and 215 of the Act.
However, it may be excluded from "employment" by the provisions of
Section 206 of the Act if the service is not provided for an
"employer" under Section 205 of the Act, or it may be excluded from
"employment" under Section 212 of the Act.