Hire a nanny or a babysitter: Nanny Agreement
What we’ll cover
What is a Nanny Agreement?
A Nanny Agreement typically is made to define the terms and conditions connected to child care being provided. Nanny Agreements that have enough appropriate information can help to reduce disagreements by ensuring that there is a mutual understanding between the signing parties.
Also referred to as a Nanny Contract, this document is essential to establish the terms of the employment relationship and make sure that both the nanny and the family are clear when it comes to conditions such as responsibilities and compensation.
Though it may seem easier to bypass this step, it can save a lot of headache in the future for both parties involved. Get started now with our free Nanny Agreement template and protect yourself from potential disputes!
When to use a Nanny Agreement:
- You are hiring a nanny.
- You are a nanny about to accept a new position.
Sample Nanny Agreement
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This Nanny Agreement is entered on between the hiring family of , , (herein known as Family) and the child care provider of , , (herein referred to as Nanny).
Whereas the Family requires the services of Nanny to take care of their child(ren), and whereas the Nanny agrees to enter in to an agreement to take care of the child(ren), this Nanny Agreement is entered between the Family and the Nanny, commencing on in accordance with the terms and conditions set forth below:
1. WORK HOURS AND DATES:
Nanny agrees to work a standard time frame of hours per week that shall be referred to hereafter as a standard work-week.
2. COMPENSATION:
Nanny shall receive a salary of per . The Family will issue payment . The Family agrees to pay the Nanny an hourly rate of for all time worked over the standard work-week hours indicated above.
Nanny shall reside at the Family's home and Family will cover room and board related expenses.
The Family will pay one-half (1/2) of the Social Security and Medicare tax. The Family will pay one hundred percent of the Nannys state unemployment insurance.
3. TERMINATION OF EMPLOYMENT:
Nanny is an at-will employee and this agreement will continue until terminated by either party. However, both parties agree to provide four weeks notice of intent to terminate this agreement (or pay in lieu of such notice), except when such termination is for cause.
4. TERMINATION FOR CAUSE:
Immediate termination without any notice is possible on the following grounds:
| • | Allowing the child(ren)s safety to be compromised |
| • | Inconsistent or non performance of agreed upon job responsibilities |
| • | Dishonesty or lying to Family |
| • | Stealing |
| • | Misuse of Family automobile |
| • | Breach of confidentiality clause |
| • | Persistent tardiness of more than 15 minutes without valid reason |
| • | Unapproved guests |
| • | Smoking or consumption of alcohol while on duty |
| • | Illegal drug use |
| • | Failure of the Family to remit payment for more than 1 month |
| • | Fear of harm or threat by either party due to actions of the other party |
5. JOB RESPONSIBILITIES:
Nanny agrees to perform the following duties as a requirement of employment:
7. VACATION/SICK PAY/HOLIDAYS:
Nanny shall receive the following paid holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If any of the above holidays occur on a weekend, Nanny will be given the official Federal holiday that is observed. The Nanny is provided a cumulative of days of vacation, sick days and personal time, referred to as paid time off (PTO) as used according to the Nanny's discretion. Nanny agrees to use best efforts to take vacation time when Family takes their vacation. If Nanny cannot coordinate this vacation schedule, Nanny agrees to give Family at least four (4) weeks notice. In the event that Nanny travels with Family, Nanny shall be paid her regular salary plus over time hours as previously agreed upon by Family and Nanny.
8. 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 Family's assets are strictly confidential and may not be disclosed to any third party for any reason. Nanny is prohibited from providing information or posting photos of the Family or their home without prior consent. The obligations of the Nanny under this clause survive termination of this Agreement.
9. GENERAL PROVISIONS:
Nanny understands Family has a smoke free home and that smoking by Nanny or Nanny's guests is never permitted in the home. Nanny agrees never to smoke while providing childcare to Family's child(ren) even on walks, trips to playground, outside activities or field trips.
All guests must be pre-approved by Family before being allowed entrance into Family's home.
Alcohol consumption is never permitted while Nanny is on duty.
Nanny hereby certifies that Nanny does not use illegal drugs and understands that such use is cause for immediate termination.
Nanny agrees to limit personal calls to 15 minutes or less.
The Nanny agrees to maintain valid credentials for providing child care according to state law including but not limited to child CPR and First Aid. The Nanny will provide proof of credentials at the request of the Family.
At time of termination, and prior to receipt of final paycheck, Nanny agrees to return to the Family all Family property, including but not limited to house and car keys, remote entry devices, and car safety seats.
the
10. GOVERNING LAW
This Agreement shall be construed under and in accordance with the laws of the .
The Parties hereby agrees to be fully bound to the terms of this Agreement.
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About Nanny Agreements
Learn about how to hire a nanny or a babysitter
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What details does the average Nanny Agreement template include?
At the minimum, you'll want to include basic information such as wages and benefits. Here are some other specifics to consider:
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Logistical details - Detailed contact information for the parent(s) and the nanny, wage information including overtime and holiday pay, work schedule, paydays, tax and benefit information, and sick day requirements.
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Nanny duties - Outline expectations for child care, including topics such as discipline, limitations on screen time, dietary guidelines, homework and extracurricular activities, hygiene and personal habits, and so on.
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Transportation - You may want to specify what vehicles will be used and who pays for gas and other travel expenses. If applicable, you may also wish to include information about car seats.
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Communication - Express how and how often the parents will communicate with the nanny and children. Some examples include phone, text, family blog, video chat, photos, and childcare apps.
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Confidentiality - Many parents do not want pictures of their children posted on social media or for the nanny to discuss with others details about their personal life. Rules about what can be shared or discussed can be included in the Nanny Agreement.
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House rules - Outline house rules such as who is allowed in the home, when to set the alarm, pet rules, where to park, cleanliness expectations, and more.
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Restrictions - Most parents will request, at minimum, that nannies do not smoke or drink when working. You can add other things such as limitations on phone or internet usage.
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Additional duties - Some parents want the nanny to do more than just care for the children. A nanny may also need to prepare meals, clean, run errands or shop, or care for the pets as well.
When you make your Nanny Agreement, you'll also have the ability to choose which state’s laws apply. After building your document, you can implement additional personalized editing, if necessary.
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Nanny Agreement FAQs
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Why should I write a contract for nanny jobs?
No matter how many children are being cared for, a Nanny Agreement is a good idea. You might choose to make a Nanny Agreement due to the fact that it grants these benefits:
- Schedules are established.
- Neither party is confused about compensation.
- Both parties understand the scope of their responsibilities.
A few outcomes from not having this document in place may include late payments, unclear due dates, substandard childcare, and impractical expectations.
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What are typical nanny duties?
Typical nanny duties include:
- Preparing meals and feeding the children.
- Playing indoors and outdoors.
- Bathing and dressing the children.
- Doing the children's laundry.
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What might I usually pay to get a Nanny Agreement prepared by a lawyer?
Attorney fees for drafting or reviewing a Nanny Agreement can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Nanny Agreement tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Am I required to do anything else after making a Nanny Agreement?
After drafting your Nanny Agreement, review it carefully. You may also want to review it with the other party to ensure all parties fully understand and agree to the terms of the agreement. Once all parties agree to the terms, the next step is to have all parties sign it, and each party should keep a copy for their records. It’s also a good idea to store it in a safe, accessible place in case you need to reference it later.
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Will Rocket Lawyer be able to review my Nanny Agreement?
It’s smart to have an important agreement reviewed before you sign, so you fully understand the terms and avoid potential risks.
While some attorneys may review documents they didn’t draft, others may decline or require a retainer, hourly billing, or a flat fee. This can make getting a legal document review of your Nanny Agreement less predictable and more time-consuming.
Rocket Lawyer makes the process simpler. With a Rocket Lawyer membership, you can request a review from a Legal Pro or ask questions about your Nanny Agreement. You can also use Rocket Copilot to quickly review your agreement, spot potentially risky terms, and make sure everything looks accurate before signing.
Once you’re ready, you can sign your document online with RocketSign—all in one place.
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How do you terminate a nanny's employment?
Before terminating or firing a nanny, reviewing the written agreement (i.e., Nanny Agreement or Contract) signed by both parties is a good idea. The terms of this agreement, as it relates to termination of employment, should be adhered to. If there is no cause for an immediate termination, you may be required to provide some notice. However, there are instances when a nanny can be immediately fired. These situations typically include reckless behavior such as substance abuse, safety concerns, or theft, and are listed in the Nanny Agreement.
Remember that, by law, you cannot terminate an employee based on race, creed, national origin, age, handicap, gender, sexual orientation, or marital status.
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Why give my nanny a raise?
While it is not required by law, families often consider giving their nanny a raise at various times. Common reasons to give your nanny a raise include:
- A year has passed.
- Your nanny has been given additional duties.
- Your nanny will be responsible for another child.
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Do I have to disclose that I use a nanny camera?
Legally, you do not have to tell your nanny that you use cameras, but some states have laws about audio recording without consent, and often, without disclosure, recordings cannot be used as evidence. It is recommended that you do tell your nanny that cameras are being used. Plus, many states have privacy and recording laws to consider. When you discuss the cameras with your nanny, you can set the tone as "I have cameras so I can see how my children's day is going," rather than "I don't trust you." This will help maintain a positive atmosphere. Additionally, you should not put cameras in private areas such as the bedroom of a live-in nanny or bathrooms.
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