How to Write a Nanny Contract: A Sample Agreement Template

Childcare is hard enough!

Please feel free to use the template below in accordance with your nanny job offer! Update rates, names, dates, addresses and details below to fit your family.

Note: This contract includes clauses and details about Nanny Share arrangements. If you will not be pursuing a nanny-share, remove these paragraphs and compensation details.

You must abide by all federal, state, city or employee specific laws and policies (such as minimum wage, overtime, health insurance requirements and tax deductions). Your customized contract should reflect these laws. I am not a lawyer, if you need this to be a legally reviewed contract, you should consult a local employment lawyer. However, if you need a boilerplate contract to start with, here you go!

Nanny Contract

[Date]

[Family’s Name’] & [Nanny’s Name]

Family’s Address

Dear [Full Name],

I am pleased to offer you the position of “Nanny” in our family’s household starting [Month/Date/Year]. We are thrilled at your prior experience and look forward to your professional skills, passion and expertise in caring for our family!

You will employed directly by [Name Parent 1] and [Name Parent 2] (“Parents”). Your primary responsibilities in this position will be to supervise, care for, feed, and dress the Parent’s Child(ren) (“Child” or “Children”). While supervising the Child(ren), you are responsible for creating a safe, stimulating social and educational experience by participating in age-appropriate activities at the home as well as outside the home. Your priority will always be the safety, cleanliness and happiness of the Child(ren) as well as the physical, emotional, social, intellectual development and well-being of the Child(ren). You will show the Child(ren) love, affection and support.

Other aspects of your job will include the preparation or arrangement of the Child(ren)’s meals, bathing the Child(ren) when necessary, changing the Child(ren)’s diapers promptly, tending to the Child(ren)’s daily needs, laundering the Child(ren)’s clothing and linens (burp clothes, bibs, blankets, towels, etc.), and maintaining and organizing the Child(ren)’s room (closet and drawers) as well as play areas, all as necessary. You will be expected to help in maintaining and keeping clean/neat, on a daily basis, the rooms that you and the Child(ren) use including but not limited to play areas, kitchen, backyard, bathrooms, living room and the Child(ren)’s bedroom. You may be asked to do light child related errands, including picking up items for the Child(ren) at the drugstore or grocery store.

The Parents will rely on you to make daily decisions in regards to the Child(ren)’s activities, discipline, diet, environment, and language used around the Child(ren) in alignment with the beliefs and practices of the Parents as well as based on your expertise. This may include but is not limited to things like: diet guidelines, the engagement or refraining of certain activities, or exercises in certain childrearing practices. All specific childrearing implementations should be discussed and agreed upon by Nanny and Parents, including but not limited to general or specific ideologies (such as REI, Helicopter, Attachment Method, Time Outs and all discipline methods/practices) as well as development practices such as sleep training and potty training. You and the Parents will work together in partnership for success, you shall not go outside the Parents wishes for these specific guidelines.

You are expected to share videos and photos of the Child(ren) regularly throughout the day with the Parents. You will not post on social media any photos of the family, children or household. You will not share photos or information about the family broadly.

The Parents may request that you read specific books regarding childrearing/childcare or take specific classes (such as CPR or child development courses). Supplies will be purchased for you (such as books or notebooks). Classes will be prepaid for you. You will be paid at a rate of $X per hour for attending such classes/courses/workshops. You will be paid a flat rate of $X for all literature you are requested to read in your time off. The Parents will respect your time-off and work with you for for availability and feasibility for all of the above.

To the best of your ability, you will ensure that the Child(ren) are kept healthy and safe. This may include but is not limited to: not exposing Child(ren) to cigarette and/or cigar smoke, maintaining a safe and reliable car (if applicable), and supervising their play both inside and outside the home. You will abstain from consuming alcohol or drugs before or during your work hours. If you are sick, you will utilize the Paid Sick Time provided in order to keep the Child(ren) as healthy as possible.

You will call the Parents immediately if there is any medical problem with the Child(ren). You will not administer medication without first consulting with or obtaining the consent of the Parents, unless there are critical and dire circumstances preventing authorization. You are expected to be in regular communication during the day with the Parents, as needed, requested or necessary.

You will not depart from the household with the Child(ren) unless agreed upon prior to by at least one Parent. The Parents will strongly encourage walks, visits to parks, playground, libraries and other such venues regularly but ask that all locations are discussed and agreed upon prior to the visit. This will not be a daily requirement but a preliminary request, most specifically for new or non-local locations. The Parents may ask you to share your location when out with the Child(ren) on apps such as “Find my Friends”, “Glypmse” or other. The Parents will incur the costs of any paid activities they would like the child to participate in, such as (but not limited to) music classes, swim lessons, gym classes, or other.

Additional Position Guidelines:

  • You will not have guests to the house.
  • You will be on-time each day for your shift.
  • You shall be available to the Parents by phone call or text whenever you are on-duty with the Child(ren). Your phone should be charged and available to you throughout the day.
  • Complete child-related chores during naps or after bedtime, as feasible and applicable.
  • When you are on-duty, we expect you to be committed to the job at hand. Save personal texting, emailing or socializing for your personal time. In order to build a strong bond with the children and ensure their safety, spend your time together playing, having fun, teaching them and supervising them properly. Unless something is urgent (such as a family emergency), kindly keep all personal matters for your time off or very brief, if it is necessary during your time-on.
  • You will not watch television or have the television or other screens/videos on while on-duty unless you are on-duty after bedtime and all child related chores are complete.
  • You will not sleep (or lay down to ‘relax’) while on-duty unless doing an overnight shift.
  • The children should not watch television or videos while you are on-duty unless we have given explicit permission. The children should not regularly play with your phone or ipad.
  • Ask questions if you do not understand something. Let us clarify anything you might have misheard or misunderstood. Take notes and ask us to write things down for you when necessary.
  • Be open and direct with communication and address issues as they come. Text us or call us if you are unsure.

You will understand and abide by all Child(ren) food/feeding, sleep and safety measures set forth by the parents and in regular practice. If there are questions or concerns, you will immediately address this with the Parents.

If you decide to join us, you will be an hourly employee and you will be paid at the hourly rate set below (see Benefits Summary), less applicable deductions and withholdings, which will be paid weekly via direct deposit. You are guaranteed a minimum of (X)-hours per week while under employment (See Benefits Summary under Single-Family Single-Child). Most commonly, the schedule will require 40-hours to 45-hours a week of childcare. Your availability will be asked in advance for your time beyond 45-hours per week.

Time beyond (X)-hours per week is not guaranteed weekly. A weekly schedule will be agreed upon in advance of each week or month as necessary. The general timeframe for childcare will be between the hours of 7:00am-7:00pm for a 6-9 hour period of time Monday-Friday. If the Parents schedule you between these hours and on these work days (excluding holidays or paid vacation) and you cannot complete any of those hours, they will be deducted from your weekly minimum hours or you may take hours off as vacation time, if appropriate. All hours worked beyond your minimum will be paid as a normally hourly rate. You will accrue overtime in alignment with local and federal regulations.

You will receive paid sick leave outlined in the Sick Leave Policy at the end of this agreement. (See Benefits).

You will receive daily earning for National Holidays outlined below at the appropriate per hour rate for an 8-hour day when under employment. (See Benefits for details and adjustments). This paid holiday time may count against your minimum hours per week.

Paid holidays include:

  • New Years Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving
  • Christmas Day

The Parents reserve the right to modify your schedule, pay and benefits as deemed necessary and with prior notice and agreed upon terms.

We are thrilled to seek the opportunity of a Nanny-Share (or “share care,” a nanny caring for the child or children of two or more families at the same time) with you! We look forward to the social, mental and emotional benefits this arrangement has for our Child(ren). As our Nanny, you also agree to this arrangement, with the anticipation of its exciting challenges and additional compensation benefits. We hope this arrangement will be nothing but a positive, caring and supportive relationship for all Parents, Child(ren) and Nanny. The details of Nanny-Share are outlined in the attached Nanny Share Agreement.

We are excited and look forward to employing you as our Nanny. Your role in our family will be a valued and important one. Nevertheless, you should be aware that your employment constitutes at-will employment. As a result, you are free to resign at any time, for any reason or for no reason. Similarly, we are free to conclude our employment relationship with you at any time, with or without cause, and with or without notice. We request a courtesy that, in the event of resignation, you give us at least thirty (30) days notice to obtain alternative childcare arrangements. When possible, we request longer notice. We will return this notice courtesy if and when possible if/when our child care needs may change.

For purposes of federal immigration law, you will be required to provide us documentary evidence of your identity and eligibility for employment in the United States. Such documentation must be provided to us within three business days of your start date. You will be expected to give your voluntary consent for a background check on criminal and credit activities, if we require.

You shall maintain the confidences of our family and not disclose the personal, social, or other activities of our family, except as required by law.

To indicate your acceptance of this employment contract, please sign and date this letter in the space provided below. A duplicate original is enclosed for your records. This letter sets forth the terms of your employment with the Parents. This letter, including but not limited to, its at-will employment provision, may not be modified or amended except by written agreement signed by either of the Parents.

We look forward to your favorable reply and to work with you!

Sincerely,

____________________________________________________________________________________

[Parent’s Name and Signature] Date

I accept this offer of employment with the [Last Name] family and agree to the terms and conditions outlined in this letter.

____________________________________________________________________________________

[Nanny’s Full Name and Signature] Date

Benefits Summary

Compensation

Guaranteed single-family single-child hours: X hours per week

Guaranteed nanny-share hours: X hours per week*

*Applicable only when under a full-time nanny-share agreement. Part-time nanny-share will be negotiated if and when applicable.

All pay is less deductions for social security and medicare.

Notes:

  • Hourly pay will be paid less applicable deductions and withholdings.
  • Payments will be made on a weekly basis via direct deposit, check or cash.
  • A minimum working day is defined by a X-hour day under a Single-Child/Single Family agreement.
  • A minimum working week is defined by a X-hour week under a Single-Child/Single Family agreement.
  • Time clocked will be rounded to the nearest 15-minute increment (in the nanny’s favor, when in question).

FICA withholdings qualifies you for short and long term benefits like:

  • Social Security income and Medicare coverage upon retirement
  • Unemployment benefits
  • A verifiable employment history necessary for obtaining auto and home mortgage loans
  • Reduced healthcare costs via subsidies provided through the Affordable Care Act
  • Holidays

You will be paid a daily earning for National Holidays outlined at the hourly rate set above for an 8-hour day when under employment. Paid holidays include:

  • New Years Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving
  • Christmas Day

Sick Leave Policy

Employees accrue sick leave at a rate of one hour for every 30-hours worked. Your unused sick leave is carried forward from one year to the next. Sick leave can accrue to a maximum of 40-hours. Once this limit is reached, no further sick leave will accrue until some sick leave is used. You will not be paid for unused sick leave either while you are employed with us or when you leave your employment with us. If you need to use sick leave, please provide notice as soon as possible or as soon as practical if the need for sick leave is unforeseeable. If you have a serious illness or injury and are out for more than three consecutive days, we may also ask that you obtain a doctor’s release before you are allowed to return to work. The smallest increment of time that can be used for sick leave is 1-hour (one hour). You may use your sick leave for the diagnosis, care or treatment of an existing health condition, or preventative care for yourself or a family member (child, parent, spouse, domestic partner or other designated person if you do not have a spouse or domestic partner, grandparent, grandchild, sibling, legal guardian or ward). In addition, sick leave may be used to obtain relief by an employee who is a victim of domestic violence, sexual assault or stalking. Sick time may also be used for bereavement.

Bereavement: In the event of a death, coma, or sudden and serious hospitalization of an immediate family member (child, parent, spouse, domestic partner or other designated person if you do not have a spouse or domestic partner, grandparent, grandchild, or sibling) you will receive two paid days off. Additional time may be used as sick days, vacation days or unpaid days off.

Mental Health: If you are experience any mental health issues, please bring this up with the Parents immediately. The family wants to ensure both your safety, health and well-being and that of the Child(ren).

Vacation Time

Employees accrue vacation leave at a rate of 1.54 hour for every week of employment after 30 days of full-time employment. This excludes weeks of unpaid leave. This will account for Vacation Time of a maximum of 10 days (a total of 80 hours per year). Once this limit is reached, no further vacation leave will accrue until time has been used or “cashed out”. You will not be paid for unused vacation leave either while you are employed with us or when you leave your employment with us. If you would like to use vacation leave, please provide this request as soon as possible, or no less than 3-weeks advance notice. The smallest increment of time that can be used for vacation leave is 2-hours (two hours).

In addition, if and when the Parents and Child(ren) are on vacation and decide to forego Childcare, you will be paid for a minimum working day or week, as necessary, at the appropriate pay rate. This will not count against your accrued vacation time. The Parents will do their best to provide this notice to you as much in advance as possible so that you may arrange personal plans or travel during that time.

You may also request unpaid time-off.

Vacation Rate:

Hourly rate of $X per hour for a (#)-child household to complete a minimum working day.

Hourly rate of $X per hour for a (#)-Child 2-Family Nanny-Share to complete a minimum working day. *(Applicable only when under a full-time nanny-share agreement. Part-time nanny-share will be negotiated if and when applicable).

Full-Time Nanny-Share Agreement

We are thrilled to seek the opportunity of a Nanny-Share (or “share care,” a nanny caring for the child or children of two or more families at the same time). We look forward to the social, mental and emotional benefits this arrangement has for our Child(ren). As our Nanny, you also agree to this arrangement, with the anticipation of its exciting challenges and additional compensation benefits. We hope this arrangement will be nothing but a positive, caring and supportive relationship for all Parents, Child(ren) and Nanny.

The Nanny-Share Agreement protects you for any unstable scheduling or financial hindrances by ensuring you receive 52-weeks of active work when under at-will employment, less holidays, sick, vacation or unpaid time-off of which are outlined above within this agreement. The Nanny-Share Agreement will be readdressed, dissolved, or amended if and when deemed necessary by any parties (any/all parents, or nanny) involved (see Termination). Although we have hopes for a Nanny-Share Agreement with another local family, a Nanny-Share arrangement is not guaranteed by the Parents at any point.

Nanny-Share Payment Rate

The Nanny-Share Agreement offers a rate of $X.00 per hour for your 2-child 2-family childcare services, at a guaranteed minimum of X hours per week at the nanny-share rate. Both families may/will request more time than this, however. Any time exceeding X-hours a week requested by just one (1) family with one (1) child will be paid at the rate of $X per hour (that of a single-family single-child rate). As with the Single-Family agreement, any hours worked above your weekly minimum with be paid at the appropriate rate for 1-child or 2-children.

Primary Family

The [Last name] family will remain the “Primary Family” in any Nanny-Share arrangement. If and when a Nanny-Share may dissolve, you will remain a valued employee of the “Primary Family” unless this agreement is concluded for any other reason including but not limited to termination, resignation, or other. Payments will be made to you on the same schedule and under the same terms as listed above in the original Single-Family agreement, with pay rate adjustments. The group (both families and Nanny) may decide differently at the time of share-dissolvement, this outline is for assumption purposes only.

Vacation Time under Nanny-Share

Employees will continue to accrue vacation leave under the same guidelines as in the original Single Family agreement.

If and when all Parents and Child(ren) are on vacation and decide to forego Childcare, you will be paid for X-hours (weekly minimum) at your nanny-share rate, less taxes and other withholdings as necessary. You may additionally use your accrued vacation hours over this time if you wish. The Parents will do their best to provide vacation notice in advance as much as possible so that you may arrange personal plans or travel during that time.

Coordination Efforts

Under a nanny-share agreement, you agree to assist either or both families with pickup and/or drop-off between homes, as necessary. This time between locations will be counted as working time, covered by the family requiring assistance (or both families if agreed upon by the families). If and when such pick-up arrangements request your personal vehicle to be driven outside of a 2-mile radius, you were be compensated for gas and/or tolls and/or public parking fees as necessary measured by the mileage and paid by that particular family, weekly.

Termination for Nanny-Share Agreement

The Nanny-Share Agreement is entered into and may be left at-will by the families. If for any reason or no reason at all, either family may leave the Nanny-Share Agreement effective immediately. As a courtesy, the dissolvement or termination of the Nanny-Share Agreement from both or either family is requested to be communicated at a minimum of 45-days notice to all parties involved. Longer notice is requested when available.

I agree to the terms and conditions for this Nanny-Share Agreement.

____________________________________________________________________________________

Nanny’s Full Name and Signature Date

Employee Personal Information Record

Background

Full Name (first/middle/last):

Previous Aliases:

Social Security Number:

Date of Birth:

Place of Birth:

Home Address:

Phone Number:

E-mail Address:

Driver’s License Number:

Training or Degrees:

Any Professional Memberships:

Vehicle Licence Plate Number:

Make, Model, Year, & Color:

VIN Number:Record of Conviction

During the last ten years, have you ever been convicted of a crime other than minor traffic offense?

_____ Yes _____ No

If yes, explain:

I verify that the above details are accurate to the best of my knowledge.

____________________________________________________________________________________

Nanny’s Full Name and Signature Date

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