Nanny Contract Template

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A Nanny Independent Contractor Agreement is a legal document between a childcare provider and a parent or guardian defining duties, pay, and working hours. It is used to establish clear childcare expectations while protecting both the family and the nanny legally.
NANNY CONTRACT

This Nanny Contract (the "Contract") is entered into on   (the "Effective Date") by and between

  registered at   (the "Family"), and

  registered at   (the "Nanny"), collectively referred to as the "Parties" and each individually as the "Party".

WHEREAS the Family that requires the services and the Nanny have agreed to provide them for the Family based on the terms and conditions set forth in this Contract;

WHEREAS the Parties have mutually agreed on the terms and conditions of the Nanny's employment, including the Nanny's duties, compensation, benefits, and work schedule;

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein and upon other good and valuable consideration, the Parties have agreed as follows:

SUBJECT TO THE CONTRACT. This Contract governs the terms and conditions of the Nanny's employment by the Family to provide services for the Family as set forth below:

  1. Services. The Nanny will provide childcare services for the Family's child  , born on   (the "Child"), and other services in accordance with the Family's instructions and subject to the terms and conditions set forth in this Contract.

  2. Work schedule. The Nanny will work   hours per week on: 

The Family may request that the Nanny work additional hours with reasonable notice provided that the Nanny is able to work.

  1. Start date. The Nanny's employment shall commence on   and continue until terminated by either Party in accordance with the terms of this Contract.

  2. Worksite address:  ,  ,  ,  

COMPENSATION. The Family shall pay the Nanny a base compensation of   per hour, which shall be paid weekly by cash. 

The base compensation shall be inclusive of actual hours worked. 

Any applicable taxes are included in the base compensation, and the Nanny is responsible for reporting respective wages to the IRS and the state.

The Nanny is entitled to overtime compensation at the rate of   times per regular hourly rate for any hours worked in excess of the work schedule, including overnight care. 

The Family shall reimburse the Nanny for additional expenses, including:

JOB RESPONSIBILITIES OF THE NANNY. The Nanny's duties and responsibilities include but are not limited to:

Childcare. The Nanny shall be responsible for the care and well-being of the Child, including: 

Household duties. The Nanny is responsible for the following household duties:

The Nanny shall always maintain a professional demeanor, including:

The Nanny understands and acknowledges that the above job duties are not exhaustive and may be required to perform other duties from time to time as directed by the Family, provided that such duties are reasonable and within the Nanny's abilities and experience.

The Nanny shall not be under the influence of alcohol or drugs that impair the ability to perform the duties or compromise the safety and well-being of the Child.

VACATION

Vacation time. The Nanny shall be entitled to   days of paid vacation per year, which shall be taken at a mutually agreed-upon time between the Family and the Nanny. It is preferable that the Nanny aligns vacation time with the Family's planned vacations whenever feasible and without compromising the care of the Child.

The Nanny shall provide the Family with   days advance notice of any required vacation. The Nanny acknowledges and agrees that any vacation time taken shall be deducted from the total entitlement of paid vacation days per year, as specified in this Contract. 

The Family shall make reasonable efforts to accommodate the Nanny's requested vacation time, considering the operational needs and the care of the Child. The exact timing of the Nanny's vacation shall be determined through good-faith discussions between the Family and the Nanny, with both Parties aiming to reach a mutually satisfactory agreement.

Sick days. The Nanny shall be entitled to   days of paid sick leave per year, which may be used for the Nanny's illness or for the illness of the Nanny's family member. The Nanny shall provide the Family with reasonable notice of any required sick leave.

Holidays. The Nanny is entitled to paid vacation on federal or state holidays per year, which shall be taken on specific holidays. The paid vacation on federal or state holidays shall not be deducted from the total entitlement of paid vacation days per year.

Personal time. The Nanny shall be entitled to   days of paid personal time per year, which may be used for any personal reasons or emergencies. The Nanny is obliged to notify the Family in advance of any necessary personal time. Such personal time shall not be deducted from the total entitlement of paid vacation days per year.

Unused time. The Nanny shall be entitled to appropriate monetary compensation for any unused vacation, holidays, or personal time.

Family and Nanny acknowledge and agree that this vacation, sick leave, holidays, and personal time policy are subject to all applicable federal and state laws, regulations, and policies.

TERMINATION OF THE EMPLOYMENT. Either Party may terminate this Contract at any time, with or without cause, upon   days written notice to the other Party.

Notwithstanding the foregoing, either Party may immediately terminate this Contract under the termination for cause.

In the event of termination of the Contract by the Family for any reason other than for cause, the Nanny shall be entitled to receive   of severance pay.

Upon termination of the employment relationship, the Nanny shall return to the Family all property, materials, and equipment belonging to the Family, including but not limited to keys, credit cards, and any other property or equipment provided by the Family.

TERMINATION FOR CAUSE

A. Termination by the Family. The Family may immediately terminate this Contract on the following grounds:

The decision to terminate this Contract for cause shall be made at the sole discretion of the Family. The Nanny acknowledges that if they are dismissed for cause, they shall not be entitled to further compensation, including severance pay or other benefits. The Nanny also acknowledges that in the event of termination for cause, they may be held liable for any damages incurred by the Family or the Child as a result of the Nanny's actions or inactions.

B. Termination by the Nanny. The Nanny may immediately terminate this Contract on the following grounds:

The Family acknowledges that if the Contract is terminated for cause by the Nanny, the Nanny shall have the right to receive any unpaid wages or other compensation due under this Contract. The Family further acknowledges that if the Contract is terminated for cause by the Nanny, the Family may be held liable for any damages incurred by the Nanny as a result of the Family's actions or omissions.

CONFIDENTIALITY. The Parties agree to keep all information disclosed during this Contract confidential and not to share such information with any third party unless required by law. The Parties agree not to use the confidential information for any purpose other than what is necessary to fulfill their obligations under this Contract.

This confidentiality clause shall survive the termination or expiration of this Contract.

GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and construed in accordance with the laws of the State of  , except for its conflict of laws principles. Any action or proceeding arising out of or relating to this Contract or its breach shall be brought exclusively in courts located in the State of  . The Parties hereby submit to the jurisdiction of such courts and waive any objection to venue in such courts.

NOTICE. Any notice, request, demand, or other communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below:

If to the Family:  ;

If to the Nanny:  .

 

FORCE MAJEURE. Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.

In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.

If the force majeure circumstances last more than   days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.

SEVERABILITY. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.

ENTIRE AGREEMENT. This Contract constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, understandings, negotiations, or discussions, whether oral or written, relating to the subject matter of this Contract. Any amendments or modifications to this Contract must be in writing and signed by both Parties. This Contract does not create a partnership or joint venture between the Parties, and neither Party has the authority to bind the other in any respect.

BINDING EFFECT. This Contract shall be binding upon the Parties and their respective successors and assigns. Neither Party may assign this Contract or any of their rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.

THE FAMILY

THE NANNY

 

 , USA

 

________________________

(Place for signature)

 

 

 

 , USA

 

________________________

(Place for signature)

 

 

Written by Megan Thompson - Reviewed by Jonathan McGill
Paper titled "Nanny Contract"; nanny teaching a girl with a teddy bear and toys

What Is a Nanny Contract and Why Do You Need One?

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A nanny contract is a formal work agreement that outlines the specific terms and conditions of the employment relationship between a family (employers) and their nanny. Its primary purpose is to clearly define expectations, which helps prevent disputes over duties, hours, payment, and benefits. By putting everything in writing, both parties receive legal protection and a clear understanding of their rights and obligations. 

Use a nanny agreement template if:

  • You are a parent or guardian planning to hire a nanny.

  • You are a nanny preparing to start a new job.

How To Create Your Nanny Agreement

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Following a clear procedure can significantly smooth the process. Here are the necessary steps:

  1. Identify your needs: Before searching for a caregiver, understand your family’s specific requirements and expectations.

  2. Find the right nanny: Look for a nanny whose qualifications and preferences align with yours.

  3. Agree on key terms: Discuss and agree on the core terms of the job, including responsibilities, schedules, and compensation.

  4. Draft the contract: Use a sample nanny contract to draft a personalized agreement.

  5. Review together: Carefully review every clause with the nanny before anyone signs.

  6. Ensure transparency: Open communication during this process builds a strong foundation for the working relationship.

Key Components Your Nanny Contract Must Include

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The necessity of a properly worded nanny contract template cannot be overstated. Here are the essential clauses you need:

Details of the arrangement

This section covers the basics. Include essential contact details for both parents and the nanny, the official start date, and the children's information. 

Job responsibilities and duties

This is arguably the most important section. To avoid scope creep, you must clearly define the responsibilities of the nanny. This might include:

  • Childcare responsibilities: Enumerate all anticipated duties, such as meal preparation, bathing, and homework supervision.

  • Daily routines: Detail expectations around extracurricular activities, screen time restrictions, and dietary preferences.

  • Discipline: Outline the family's preferred disciplinary methods.

  • Additional duties: If the nanny is required to undertake more than childcare, list those tasks in this part of the contract. This could range from housekeeping duties, errands, or even pet care.

Work schedule and hours

Your contract must detail the expected work schedule. Specify the days of the week and the exact start and end times. It’s also wise to include a provision for how schedule changes will be handled and how the nanny will be paid for any extra hours worked. The hours the nanny works should be tracked carefully.

Compensation, taxes, and benefits

Financial matters should be spelled out precisely.

  • Wage and overtime: State the agreed-upon hourly rate. Be aware that most nannies are entitled to overtime pay for any hours worked beyond 40 in a week.

  • Taxes: A nanny is a household employee, not an independent contractor. The family is responsible for nanny tax obligations and must provide a W-2 form each year.

  • Benefits: Document whether your family will offer benefits, such as paid vacation days per year, sick leave, or contributions to health insurance.

  • Expenses: Clarify how job-related expenses will be managed, such as the use of a family credit card.

Transportation

Specify transportation expectations. If the nanny will be driving the children, include information on the use of car seats, insurance, and reimbursement for travel expenses like gas mileage. A nanny contract free template can serve as a useful tool to guide these details.

Communication protocol

Define the preferred communication methods and frequency between parents, the nanny, and the children. This might take the form of daily texts, weekly check-in calls, or a shared journal.

Privacy and confidentiality clauses

A confidentiality clause is standard. Many parents do not want their children's pictures shared on social media or details of their private lives discussed. State clear rules regarding the limits of sharing such information. The nanny acknowledges these terms by signing.

Household regulations and limitations

Elucidate house rules regarding guest permissions, alarm settings, pets, and general cleanliness expectations. Parental expectations often include nannies refraining from smoking or drinking alcohol during work hours. Other potential limits on phone or internet usage should also be included here.

Termination and severance

The agreement should clearly state the terms for termination. Specify how much notice either party must give to end the employment relationship. It’s also important to define the grounds for immediate termination. Decide if you will offer severance pay if you terminate the work arrangement without cause.

Legal Considerations for a Nanny Contract

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It’s a common misconception that a nanny can be classified as an independent contractor. According to the IRS, if you control what work is done and how it is done, that person is your employee. This distinction is crucial for avoiding legal liability. As an employer, you are responsible for reporting wages to the IRS and paying your share of employment taxes.

In each state, there are specific laws that can define the duties of both parties. At this stage, it may prove useful to refer to nanny contract examples for guidance. For help with tax matters, consider using a payroll service that specializes in household employment or consulting with a lawyer.

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