While nanny employment may seem like a super straightforward process that doesn't require an employment contract, it's a good idea to create one to save yourself any hassle down the line.
Nanny contracts are an important part of hiring a new nanny. If anything happens to your child or your property under the care of your nanny, a written contract can help to cover yourself and hold your nanny accountable.
A verbal agreement will not do much if something happens to your child as a nanny could just up and leave without providing you with any compensation. A child care nanny contract also holds the employer accountable to ensure the nanny is being paid correctly and fairly and understands all of the conditions they will be working under.
The advice in this article should not be used as legal advice, but as a rough idea for what to include in your nanny contract. You don't necessarily need to hire a lawyer when making a nanny contract, but it is a good idea to seek a professional opinion before creating or signing a contract with your nanny to make sure you are covering yourself in all areas.
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What To Include In A Nanny Contract (For Different Kinds Of Nannies)
What goes in a nanny contract will depend on what type of nanny you are planning on hiring. There are full-time nannies, part-time nannies, live-in nannies, live-out nannies, and night nannies that all require different specifications for their job description and nanny contracts.
As your nanny's employer, it's important you understand what goes into a standard nanny contract. Creating a solid nanny contract can help build a strong working relationship with your new employee.
Make sure to adjust your contract to suit a full-time nanny contract, part-time nanny contract, live-in nanny contract, or self-employed nanny contract. We advise that you get professional advice before presenting a nanny contract to an employee to make sure you're ticking all the legal boxes.
Legal Details Of The Nanny
To make sure you are legally covered if anything goes wrong, you want to ensure you have all of your nanny's personal details. It's important that you confirm the nanny's legal name with legal identification. Whether it is a passport or driver's license, make sure you make a copy to keep for your records.
Get all of their basic details including their contact details such as phone number, address, and social security number. You should also get the phone number and contact information of an emergency contact for the nanny as well as their relationship with the nanny.
Make sure to include your own personal details including work address and mobile and work phone number for any emergencies. This section of the contract should also include the number of children, the names of the children, and the date the nanny will be expected to start.
Work Schedule And Hours
It's important to specify the expected work hours for your nanny. Will they be expected daily or bi-weekly, or will they be expected to do overnight stays? A rough schedule of work hours should be included in the contract.
Employment Terms, Duties, And Responsibilities
Here is where you will list the nanny's duties based on your child's schedule and needs. This can include nap time, feeding times, an extracurricular activity schedule, screen time, and dietary needs.
Will your nanny be cleaning up after the children, cooking their dinner, doing their laundry, helping with homework and tutoring, and taking them to extracurricular activities? If so, your nanny should be made aware of their required duties and responsibilities in the written agreement. You may also choose to outline requirements such as a first-aid certificate.
It's also important to include where and where a nanny can go inside the house and what areas are off-limits for the nanny and the children.
Salary and compensation is arguably the most important part of the contract. You should come to an agreement with your nanny on how much the nanny will be paid for regular hours and how much they will be paid for overtime. The pay schedule should also be made clear. Will your nanny will be paid weekly, fortnightly, or monthly?
The average cost for live-out nannies is $19.14 per hour, while live-in nannies fall around $16.75 per hour. Long-term nannies of five years or longer typically earn around $22 per hour while short-term and part-time nannies earn around $17.80 per hour.
A nanny's pay will vary depending on how many children they are looking after and what their responsibilities are. Whilst ultimately it is up to you and your nanny to decide the cost, as a guide many parents choose to pay 1.2 times the normal rate if they have a second child for the nanny to look after too. Another consideration is if there will be opportunities for a raise after a certain amount of time or if they will receive bonuses. It should also be made clear if the nanny's fuel costs will be covered.
Make sure to include how will you handle your employee's taxes and health insurance.
Paid Vacation Days And Sick Leave
Your nanny agreement should outline all of the benefits your employee will receive working for you. If you are creating a full-time nanny contract, you need to include the employment terms for sick leave, sick pay, and paid vacation days. Make sure you check the laws in your state on paid vacation and sick days. Also, consider how much notice they have to provide for leave.
Termination Policy And Clause
Here is where you include how much notice is required for the employer or the nanny before terminating the contract and how long the nanny is expected to stay employed. You should also include the house rules and under what conditions the nanny could be terminated without notice. You may also choose to allow one or two warnings if any house rules are breached.
You don't have to be a celebrity to define confidentiality terms. This can prevent your nanny from sharing any information about your family with third parties even after your nanny has stopped working for you.
This is a basic nanny contract so that you can use it as a template when creating your own document and see what one looks like. It is still advised that you seek counsel from a professional.
There are lots of nanny contract examples online if you need more advice on what to put in your specific employment contract.
Sample Nanny Contract
Employer And Employee Details:
Nanny's Address: _________________________________________
Nanny's Phone Number: _____________________________________
Nanny's Social Security Number:__________________
Number of Children:_____________________
Names of Children:___________________________________________
Nanny's Emergency Contact Number: _____________
Contact Name (and Relation): _____________________________________
Salary And Work Hours:
This document confirms that the nanny agrees to work ____ hours per week with an hourly/weekly/monthly rate of $_______. This amount will be paid weekly/fortnightly/monthly.
For any overtime hours, the nanny will be paid $_____ per hour. Public holiday pay rate will be $____ per hour.
The nanny will be provided with a minimum of ___ weeks notice for their upcoming working hours.
The nanny will be responsible for the safety of the children. They will be required to (list the job requirements you expect of your nanny here).
Taxes And Health Insurance:
The employer will cover ___% of the nanny's health insurance with (nanny's insurance company).
The employer will deduct taxes from the nanny's income and pay them directly to the IRS.
The nanny will be entitled to ____ days of annual leave and ____ days of paid sick days.
The nanny will be required to give ____ days of notice to the employer before taking any vacation days.
Termination Of Contract:
Both the nanny and employee can choose to stay in this contract for as long or as little as either wish. However, it is agreed that a minimum of ____ weeks is provided before the contract is terminated.
The nanny may be immediately dismissed without notice if any of the following rules are breached:
Compromising the safety of the children.
Not completing responsibilities.
Breaching confidentiality agreement.
Inviting unapproved visitors.
Smoking or consuming alcohol or illegal drugs during a shift.
Changes To Work Agreement:
Any changes to the work agreement points in this document must be agreed upon in writing between the employer and the nanny.
Nanny's Signature:___________________ Date signed:_________
Employer's Signature:_________________ Date signed:_________
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