The 2026 Colorado Nanny Tax Guide
Hiring a nanny in Colorado means complying with state wage and hour rules, the FAMLI program, and workers' compensation requirements that depend on how many hours and days your nanny works. Denver's minimum wage is $19.29 per hour in 2026; the remainder of the state uses $15.16 per hour (effective January 1, 2026). Colorado enforces daily overtime after 12 hours and weekly overtime after 40 hours—and unlike federal law, live-in nannies are not exempt. You must withhold state income tax at a flat 4.4%, deduct the employee share of FAMLI (you pay 0% as a small employer), and pay state unemployment insurance. This guide and the Colorado Nanny Pay Calculator above use only verified data so you can budget accurately and stay compliant.
Wage and Hour Laws: Region-Based Minimum Wages and 12/40 Overtime
Colorado minimum wage depends on where the work is performed. As of January 1, 2026:
- Denver (City & County): $19.29 per hour
- Boulder County (Unincorporated): $16.82 per hour
- City of Boulder: $16.82 per hour
- Edgewater: $18.17 per hour
- Remainder of State: $15.16 per hour
You must pay at least the rate that applies to the worksite. Under Colorado COMPS Order 38 (and related wage orders), domestic workers are entitled to overtime at 1.5 times the regular rate for hours over 12 in a day or over 40 in a week. You pay the greater of the daily-based total or the weekly-based total—you do not add them together (no pyramiding). Live-in nannies are not exempt from overtime in Colorado; the same rules apply. Use the calculator's region selector to apply the correct minimum wage and enter your schedule; the calculator applies the greater-of-daily-weekly overtime logic for all nannies.
FAMLI Tax: Mandatory Paid Leave Deduction
Colorado's Family and Medical Leave Insurance (FAMLI) program is mandatory. It funds paid family and medical leave for employees. For household employers (small employers with fewer than 10 employees), the default is: the employee pays 0.44% of wages, and the employer pays 0%. Wages are capped at $184500 per year for the FAMLI calculation. You must withhold the employee share from your nanny's paycheck and remit it to the state. Small employers (<10) exempt from employer share. Employee still pays 0.44%. The calculator above applies this rate and cap so you see the true take-home after FAMLI.
Taxes: Flat 4.4% Income Tax and SUI
Colorado has a flat state income tax of 4.4% on taxable income. You must withhold this from your nanny's pay along with federal income tax and FICA. Standard deductions apply; the calculator estimates take-home after all withholdings.
Unemployment Insurance (SUI): You become liable for Colorado unemployment when you pay your household employee more than the state quarterly threshold in a calendar quarter. New employers typically pay 3.0% on the first $30600 of wages per employee per year. You pay this as the employer; it is not deducted from the nanny's paycheck. Federal FICA and FUTA still apply.
Workers' Compensation: 40 Hours OR 5 Days Rule
In Colorado, workers' compensation for household employees is Exempt only if working <40 hours AND <5 days. If your nanny works 5 days a week—even if part-time—or 40 or more hours per week, coverage is mandatory. Only if they work fewer than 40 hours and fewer than 5 days per week is coverage voluntary. Check with your homeowner's insurance or a workers' comp carrier that offers household-employee coverage to confirm your situation.
Deductions: Lodging and Meals (COMPS Order #41)
If you provide room and board to a live-in nanny, you may deduct the reasonable cost or fair market value (FMV) from wages, or use the state maximums under COMPS Order #41: $100.0 per week for a private room and $25.0 per week for a shared room when not using FMV. A written agreement is recommended. The calculator allows you to enter room and board and applies the cap for your state.
The "Nanny Tax" Checklist for Colorado Employers
- Obtain a Federal EIN (FEIN) from the IRS and register with the Colorado Department of Labor and Employment for unemployment and FAMLI if required.
- Have your nanny complete Form I-9 and Form W-4.
- Withhold state income tax (4.4% flat) and FAMLI (employee 0.44%, capped at $184500).
- Obtain workers' compensation coverage if your nanny works 40+ hours/week or 5+ days/week.
- Provide pay stubs with each payment showing hours, rate, gross and net pay, and all deductions (federal tax, state tax, FICA, FAMLI).
- File Schedule H with your federal 1040 tax return.
Nanny vs. Au Pair in Colorado
In the US, a nanny is a household employee: you pay at least the applicable minimum wage (by region in Colorado), apply overtime rules (daily over 12 hours and weekly over 40, greater of), and withhold and pay FICA, FUTA, state income tax, FAMLI, and state unemployment. You file a W-2 and Schedule H. An au pair participates in the J-1 Au Pair program and receives a stipend plus room and board. The calculator supports both W-2 household employees and J-1 Au Pair arrangements.
How to Use the Colorado Nanny Pay Calculator
Use the calculator above to estimate your total cost and your nanny's take-home pay. Select your region (Denver, Boulder County, City of Boulder, Edgewater, or Remainder of State) so the correct minimum wage applies. Enter an hourly rate at or above that minimum. Choose whether the nanny is live-in or not; overtime after 12 hours in a day and 40 hours in a week applies to both, and the calculator pays the greater of daily vs. weekly OT. It applies state income tax at 4.4%, FAMLI at 0.44% (capped at $184500), and SUI at 3.0% on the first $30600, so you see true cost vs. take-home pay.
Data Sources and Last Modified
Rates and rules in this guide and in the calculator are drawn from the Colorado Department of Labor and Employment, Division of Labor Standards, FAMLI, and IRS publications for 2026. Data last updated: 2026-02-01. Laws and rates may change; confirm with the state or a qualified tax or employment professional for your situation.
This guide is for informational purposes and does not constitute legal or tax advice. Colorado labor and tax laws are subject to change. Consult with a qualified employment attorney or tax professional for your specific situation.