Hiring an Assistant for Your California Home Daycare — What You Need to Know

If you plan to care for more than 6 children at a time, you need an assistant. California's large home daycare license requires it. And the assistant cannot be just anyone — they go through state approval.

Even for small license providers, hiring help raises questions: Does this person need to be licensed? What paperwork is involved? Do you need workers' comp?

This article answers all of it.

When an Assistant Is Required vs. Optional

Required: Large license

If you have a large family day care home license, you must have a licensed or state-approved assistant present whenever you have more than 6 children in your care. If your assistant calls in sick, you drop back to small license limits for that day. No exceptions.

The large license allows up to 12 children (or up to 14 under specific circumstances). None of that capacity is accessible without your assistant on-site.

Optional: Small license

With a small license (up to 6 children), you can operate entirely alone. No assistant is required.

That said, some small license providers choose to have help — a part-time helper during peak hours, a family member who assists on busy days. If that helper is paid, workers' compensation applies regardless of license type.

For more on the difference between license types, see Small vs. Large Home Daycare License in California.

What the State Requires of Your Assistant

For large license purposes, your assistant must be licensed or approved by CDSS. This does not mean they need their own home daycare license. It means they go through a specific approval process with the state.

Background check and fingerprinting

Your assistant must be fingerprinted through LiveScan and cleared through the same background check process you went through. They fill out a LIC 508 (Criminal Record Statement). CDSS reviews their record.

This takes 2 to 4 weeks. Plan for it.

Age requirement

Your assistant must be at least 18 years old.

Your assistant's children count toward capacity

This is the rule that catches many providers off guard.

Both your children under age 10 AND your assistant's children under age 10 count toward your licensed capacity. If you have one child at home (age 4) and your assistant has two children (ages 2 and 7), that is three spots used before a single paying child walks in. With a 12-child large license, you would have 9 spots available for enrolled families.

Do this math before you commit to a large license. It directly affects your income potential.

How to Find a Qualified Assistant

Personal network first. The best assistants often come through people you already know — a neighbor with childcare experience, a family friend who loves working with children, someone you have worked with before. They need to be willing to go through the state approval process, which takes time and involves a background check.

Child development students. Local community college child development programs often have students who want hands-on experience. Some are already certified, which can speed up the approval process.

Child care job boards. Care.com, Indeed, and local Facebook groups for childcare workers can surface candidates. Be upfront in any posting that the role requires state fingerprinting and background clearance.

R&R agencies. Your local Resource and Referral agency may maintain lists of qualified assistants or know how to connect you with candidates.

What to look for

• Experience working with children (in any setting)
• Patience and flexibility
• Reliability — if they call in sick frequently, you lose large license capacity on those days
• Willingness to go through the state approval process
• Current pediatric first aid and CPR certification (or willingness to get it)

Interview for real-world situations

Ask your candidates:

• What would you do if a child falls and hits their head?
• How do you handle a child having a meltdown?
• Have you ever been fingerprinted or background-checked before?

Their answers tell you more than their résumé.

Workers' Compensation Insurance

If anyone helps you with child care and is paid — even occasionally, even a family member — you are almost certainly required to carry workers' compensation insurance in California.

California has broad workers' comp requirements for domestic and childcare workers. If someone is injured while helping you with your daycare, workers' comp covers their medical costs and lost wages. Without it, you pay out of pocket — and potentially face penalties.

When you need workers' comp

• You pay your assistant a salary or hourly wage
• You pay them in cash or via check (cash payments still count)
• You pay a family member who does not live in your home

When you may not need workers' comp

• The helper is your spouse and is not paid
• The helper lives in your home (some exemptions apply — verify with an insurance broker)
• You have no paid helpers of any kind

Do not guess on this. Call an insurance broker who works with small businesses or domestic workers and describe your situation. Workers' comp for a small home daycare with one part-time assistant typically costs $50 to $150 per month.

If you are required to have workers' comp and do not have it, you are exposed to significant liability.

What Your Assistant Costs

Factor these into your large license income projections:

California's minimum wage is set statewide, with some counties and cities having higher local minimums. Check the current rate for your city.

The income math for large license:

At 12 children enrolled and $250/week per child:

• Gross tuition: ~$13,000/month
• CACFP reimbursement: ~$1,400/month
• Gross income: ~$14,400/month
• Assistant wages + workers' comp: ~$3,000–$4,000/month
• Net before other expenses and taxes: ~$10,000–$11,000/month

The large license generates significantly more income than a small license — but your assistant cost is real and should be in your projections before you commit.

Employment Paperwork

If your assistant is a paid employee (not a self-employed contractor), you have employer obligations:

EIN (Employer Identification Number): Apply for one at irs.gov before you hire. It is free and takes minutes.

I-9: Verify your assistant's work authorization. Keep the completed form on file.

W-4: Your assistant fills this out so you know how much to withhold for federal taxes.

DE 34 (California New Employee Registry): Report your new employee to the California Employment Development Department (EDD) within 20 days of their first day.

Payroll: You are responsible for withholding federal and state income tax, Social Security, and Medicare from each paycheck, and remitting those amounts to the IRS and California EDD. Many providers use a payroll service (Gusto, Wave, ADP) to handle this — the cost is $30 to $75 per month and eliminates most of the manual work.

1099 vs. W-2: Some providers try to classify their assistant as an independent contractor to avoid employer obligations. California has strict rules about worker classification — the bar for calling someone a contractor is high. If the person works regular hours at your location under your direction, they are almost certainly an employee. Misclassifying an employee as a contractor creates significant liability.

What Happens If Your Assistant Leaves

If your assistant leaves — quits, moves, has a personal situation — you must drop back to small license limits immediately. You cannot operate above 6 children without a qualified assistant present.

Contact your Regional Office. If you plan to find a new assistant, they need to go through the approval process before they can legally work with you in that role.

If the transition takes weeks or months, you operate as a small license provider during that time. This affects your income and your families' arrangements — something worth discussing with enrolled families proactively.

What to Do Next

1. Decide whether you actually need a large license. For most first-time providers, the small license is the right starting point. See Small vs. Large Home Daycare License in California.
2. If you need an assistant: Start the search early. The state approval process takes 2 to 4 weeks, and finding the right person takes time.
3. Call an insurance broker about workers' comp before you hire. Do not wait until after someone starts.

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This article is for general information only and does not constitute legal or employment advice. Workers' compensation requirements and employment laws change. Consult a licensed insurance broker and a qualified employment attorney for advice specific to your situation. Daycare License California is not part of the California state government.