It’s taking a lot of time, energy, and effort, but you finally made it; you got the nanny you wanted, so, what’s next?
(If you’re still searching for a nanny, I’ve written a post with guides and tips on how to hire a nanny.)
After you offer the nanny position, the next important thing to do is make a nanny contract.
A well-made contract will protect both the nanny and you. All the details discussed verbally will be included, which will establish a clear understanding of both sides’ obligations and expectations.
Putting ground rules on paper will deter any future uncertainties. The contract will also establish clauses that you wouldn’t have mentioned when interviewing/negotiating (e.g., Non-disclosure agreement, termination clauses, at-will employment, etc.).
What Is a Nanny Contract
A nanny contract is just like any employment contract. Every contract is tailored to an employee’s occupation, job environment, and settled terms they deem favorable to accept the job. A contract (or employment agreement) between employee and employer is legally binding, so salary, clauses, or other terms must be upheld.
So what’s in an employment contract tailored to nannies?
- Start date
- Worksite address
- Schedule
- Job responsibilities/duties
- Salary
- PTO (paid time-off)
- Benefits
- Holiday
- Raises and reviews
- Expenses
- Training certification confirmation
- Media clause
- Medical
- Safety
- Probation
- Emergency numbers
- NDA (non-disclosure agreement)/Confidentiality
- Termination clause
- Any other HR policies
There could be more, but most likely, we won’t be using all that’s listed above when forming the contract.
Importance of a Nanny Contract
The nanny has been doing exceptionally well, taking care of your children. They’ve been with you for years, and both you and the nanny are happy. But something has changed. You just got laid off from your job, and you can’t afford to pay the nanny any longer. Can you get sued for letting your nanny go?
You just hired a nanny. Consistently, the nanny has failed in their responsibilities for your children. You give them warnings repeatedly, but the nanny still continues to neglect her duties. One side is not holding their side of the contract, what are the things you can do?
Scenarios like these can be tricky to navigate, especially when you feel like you need to take action.
Most of the time, when there’s a good relationship with the nanny, things can be discussed openly and negotiated with fairness.
But in the end, a contract established in the beginning can help protect both parties. Being on the same page from the get-go will go a long way in the working relationship.
The Unmentioned Details
For everything that was discussed and agreed upon when establishing employment, needs to be in the contract. The unobvious technical things that weren’t addressed, should be in there as well.
E.g., In most employment, it’s work etiquette to give a 2-week notice to your employer. No federal or state law requires an employee to provide a 2-week notice before quitting. Still, some companies will establish a policy that will require an employee to give notice.
In the nanny contract, you can put a policy that they give you a 2-week notice when resigning. It’s not enforceable, and they can very well leave the instant they give you their resignation letter.
But by putting the policy into the contract, they acknowledge that you would like the policy to take effect when the resignation occurs. It would be a professional way of terminating the relationship in a positive manner.
In our case, when we established a contract with our nanny, where we had the termination clause both ways. If we decided for any reason that we needed to let go of the nanny, then we would give the nanny a 2-week notice.
What Should Be in a Nanny Contract
The list (sections that need to be in the contract) I have above is an exhaustive list. I’ll be going through the main ones for most cases.
I will also include a nanny contract template to take parts or the whole thing and customize it to fit your needs.
Note: Live-in, full-time, and part-time contracts will differ as well. Contracts for live-in nannies will probably include insurance, room and lodging, family credit card, etc. For this post’s purpose, I’ll go through the sections we would include in a full-time or part-time nanny position.
Start Date
Pretty straight-forward, write in the date of when your nanny will be starting in their role.
Worksite Address
Provide the address where you expect the nanny to be present.
Schedule
Whether it’s full-time or part-time, the schedule is discussed and agreed upon during the interview/acceptance process. You would also include the hours total and what time is the shift.
You can also include caveats if discussed before accepting the position, e.g., “the nanny schedule is 5 days a week, but not all workdays will be on the weekdays.” OR “the nanny schedule is 4 days a week, schedules will be known 2 weeks ahead of time. The set time will not change.”
Job Responsibilities/Duties
In this section, you give the nanny general provisions and also specific responsibilities/duties.
Here’s an example:
General Provisions
- Smoking is never permitted in or on the family’s home or property.
- Alcohol consumption is never permitted while Nanny is on duty.
Duties and Responsibilities
- Encourage age-appropriate social skills and independence for the child.
- Limit screen time as directed by the family.
Salary/Compensation
Depending on what was discussed, whether you decide it would be a salary or hourly rate, it should be clarified in the contract.
Also, indicate the payment schedule, whether it’s daily, weekly, bi-weekly, or monthly.
PTO (Paid Time-off)
Paid time-off would be something agreed upon. This is usually for full-time, but every situation differs.
Be sure to state how much paid time-off they initially have and how it’s accumulated.
Holiday
If there are any paid holidays provided, the holiday should be listed.
If there aren’t any paid holidays, and instead they’re unpaid days off, that should be clearly stated and explained.
Benefits
Any other benefits that have been negotiated like insurance, life insurance, credit card expense, etc. should be included and provided.
Raises and Reviews
In this section, note how often you want to give performance evaluations (quarterly, annually?) to ensure and maintain open communication regarding Nanny’s performance, the children’s development, the state of the home, and any other pertinent information.
Also, state the terms for raises, like when are they eligible for a raise? Or what are the conditions to receive a raise, and how much a raise would be?
Expenses
Expenses like child-related activities or house duties like grocery shopping; they should be written out how expenses would be reimbursed and when to expect the reimbursement.
Medical
If any medical attention needs to be brought up, it must be done verbally repeatedly.
It should also be put in the contract, but don’t expect everyone to thoroughly read the agreement.
It’s more important that you verbally express frequently in the beginning to avoid any medical emergencies (E.g., if your little one is allergic to peanuts, let the nanny know a couple of times while you’re showing them the ropes).
There should also be things like “Call John at 555-555-5555, if the little one is ill.” kind of scenario listed here.
The name of the pediatrician, health care providers, and phone number should be provided in case of an emergency.
If you required that the nanny is CPR and First Aid Training certified in the nanny hiring search, that needs to be stated in the contract.
Safety
Have some safety provisions included in the contract.
Things like:
- Always wash hands before eating
- A car seat when transporting needs to always be used
- Who is allowed to visit the kids when parents aren’t home
- Whatever else you want to write in
Emergency Numbers
Compile a list of numbers for the nanny to contact in case of an emergency. Of course, if help is needed immediately, 911 is always first.
List your personal mobile number, spouse mobile number, family members like aunts, uncles, or grandparents. If you don’t have family around, you can list friends that you trust.
Also, have the nanny fill out her mobile number and anybody they would put as an emergency contact.
Media Clause
Some households have home recording cameras. This information needs to be disclosed to the nanny. Disclose that cameras will not be in private areas such as restrooms.
If you’re not comfortable with the nanny taking or sharing photos on social media, it should be disclosed. Discuss limitations and restrictions regarding video and photo-taking of your children and household.
NDA (Non-Disclosure Agreement)/Confidentiality
If you wish the nanny not to discuss anything that pertains to the family, disclose and discuss this. Writing something like this in the contract will suffice:
“Nanny understands that any and all private information obtained about the family during the course of employment, including but not limited to medical, financial, legal, career, and assets are strictly confidential and may not be disclosed to any third party for any reason.”
Termination Clause
In this section, you can write in a list of what counts as grounds for immediate termination. Here’s an example of a list you can write in:
Grounds for immediate termination
- Allowing the child’s safety to be compromised in any way.
- Lying, stealing, or otherwise being dishonest to the family.
- Convicted of a crime.
- Breach of the confidentiality clause.
- Smoking or consumption of alcohol while on duty.
You can also put in the clause that both parties agree to provide a 2-week notice if either party want’s to terminate employment.
Nanny Contract Template
Here’s a PDF of the nanny contract template.
NANNY CONTRACT
This contract, executed on DATE OF MAKING CONTRACT between EMPLOYER NAME (herein referred to as “Family”) and NANNY NAME (herein referred to as “Nanny”), has the following terms of employment:
Start Date
Nanny will start employment on START DATE and continue until either party elects to terminate the relationship. As a matter of courtesy and in order to provide a secure work environment for both the Family and Nanny, both parties agree to the provisions listed in the “Termination” section.
Worksite Address
Work will be performed primarily at ADDRESS HERE.
Schedule
Nanny agrees to work PART-TIME or FULL-TIME hours, with a typical schedule being: 9:00 AM to 6:00 PM per day, four to five days a week.
While the schedule is subject to change, Family will limit fluctuations as much as possible and will notify Nanny regarding schedule changes at least a week ahead of time. Nanny is never obligated to work more than normally scheduled hours.
Duties and Responsibilities
Complete childcare, including but not limited to:
- Tend to child’s needs such as feeding, changing, bathing, dressing, brushing teeth, and naps as needed. Put the absolute safety of the child first.
- Serve snacks/meals to the child; clean up kitchen and table messes related to the child. Nanny will load and unload the dishwasher as needed.
- Supervise, plan, and actively engage in activities with the child. Sanitize toys as needed.
- Encourage age-appropriate social skills and independence for the child.
- Limit screen time as directed by Family.
- Administer medicine to the child if needed, as directed by Family.
- Maintain the cleanliness of the home by picking up after herself and the child. Keep play areas clean and organized (with child’s help when appropriate).
Duties and responsibilities may change as the child grows, and as the needs of Family change. All parties will renegotiate terms as needed if the duties and responsibilities change.
General provisions:
- Nanny is NOT to use her personal vehicle to transport the child at this time.
- Nanny must be professional and have a good work ethic – a good attitude, fun, active, responsible, trustworthy, confidential, reliable, and committed to the job and Family.
- Smoking is never permitted in or on the Family’s home or property.
- No visitors except with prior notification and approval from Family.
- Alcohol consumption is never permitted while Nanny is on duty.
- At the time of termination of employment, and prior to receipt of the final paycheck, Nanny agrees to return to the Families any and all property used as applicable.
Compensation
Regular gross pay: $__ per hour.
Wages will be paid weekly (every Friday) via the method agreed upon by both Nanny and Family.
Expenses
Pre-approved, work-related expenses will be reimbursed at cost. Nanny will keep all receipts and submit them to the employer for reimbursement at the end of the month (WEEK).
Recording Device
Family reserves the right to use cameras in their home. The family will not place cameras in private areas such as bathrooms. Family will disclose the use of cameras (both audio and video).
Confidentiality
Nanny understands that any and all private information obtained about Family during the course of employment, including but not limited to medical, financial, legal, career, and assets are strictly confidential and may not be disclosed to any third party for any reason.
Nanny agrees that any pictures taken with or of the children may be shared with Family, but not posted on any social media platform.
Emergency Contacts
Family
Mother:
Father:
Relatives:
Grandma:
Grandpa:
Aunty:
Nanny
Name:
Contact #:
Spouse’s Name:
Spouse’s Contact #:
Performance & Contract Reviews
A formal performance evaluation should be completed on a quarterly basis to ensure and maintain open communication regarding Nanny’s performance, the children’s development, the state of the home, and any other pertinent information. After 1 year, Nanny is eligible for a raise.
Termination of Employment
Should it become necessary for either party to terminate employment without cause, both parties agree to provide at least 14 days’ notice. If Family fails to give 14 days’ notice for termination without cause, Family will give equivalent severance. If Nanny’s employment is terminated due to reasons stipulated later in this contract, she will receive no severance pay.
Although this agreement outlines the duties of the nanny, it is not all-inclusive and Nanny understands from time to time she may be asked to perform reasonable duties that contribute to the safety and well-being of the children and function of the household.
Grounds for immediate termination and no severance package include:
- Allowing the child’s safety to be compromised in any way
- Violating this contract in any way
- Inconsistent or non-performance of job responsibilities
- Lying, stealing, or otherwise being dishonest to Family
- Convicted of a crime
- Breach of confidentiality clause
- Repeatedly late to work
- Smoking or consumption of alcohol while on duty
By signing below, we state that both parties have read, understood and agree to be fully bound by the terms and conditions of this contract.
NANNY NAME ___________________________________
DATE ___________________________________
EMPLOYER NAME ___________________________________
DATE ___________________________________
Let me know if there's anything else you would put in a nanny contract!
