How to Write a Great Nanny Contract

A formal contract helps protect all parties involved in an agreement for services, especially if a dispute arises after the contract has been signed. The thought of a nanny contract may make you uncomfortable, but according to Priscilla Gonzalez, director of Domestic Workers United in New York, a contract can help develop a respectful employment relationship between you and your nanny. A great nanny contract should cover things such as duties and responsibilities, compensation and vacation time.

Instructions

1. Use a typewriter or word-processing program and type "Nanny Contract" centered at the top of the page.

2. Type your name and address, the nanny's name, address and Social Security number, and the names of all the children who will be under the nanny's care.

3. Type the nanny's beginning date of employment, then write, "Duties and responsibilities." Under this heading, state the days and hours the nanny will work, the parameters of her responsibilities, such as if she will cook, clean and pick up your children from school, and privileges, such as use of home computers, TVs and landlines.

4. Type the words "Compensation and Benefits." Provide the nanny's salary information, whether you will deduct taxes, and how you will pay overtime. State whether the nanny is paid weekly or biweekly. State benefits such as sick days, personal days, paid holidays, vacation and acceptable reasons for the nanny to take time off. Include whether the nanny will accompany you on family vacations, whether you are providing health benefits and when you will give job reviews. If the nanny is a live-in, state whether he will have his own phone line and how you will handle his meals.

5. State how you want the nanny to handle transportation if she will be driving your children to school and other activities. State whether you are adding her to your car insurance policy, or if you require her to use her own vehicle. If she uses her own vehicle, state the amount you will pay for mileage, and if you will provide car seats for your children.

6. State specific parenting instructions, such as the number of hours of television your children can watch under the nanny's care, the type of discipline that is appropriate for him to use, and the safety rules you want him to observe.

7. State how you will handle the arrival of a new child in your household such as whether the nanny's duties will expand to include the newborn, and how much additional compensation she will receive.

8. Specify whether the contract is "at will," meaning you or the nanny can terminate the agreement at any time without giving notice, or whether you are employing the nanny in a "notice" capacity, which means either party has to give notice before termination, and you must provide severance. If the contract is not "at will," you must state the amount of severance the nanny will receive if you or he gives a notice of termination.

Tips & Warnings

• If you are a high-profile couple or if you want to ensure your privacy, you can add a confidentiality clause to the contract. Consult with a lawyer for the proper language to use.

• You can also include a clause that the contract can only be amended or changed if both you and the nanny agree to do so.

• Review the Fair Labor Standards Act to ensure that you are complying with the minimum wage, work hours and other details of fair employment.

• Review your state's employment laws to ensure you are not violating overtime pay regulations or the guarantee of a minimum number of personal days you are required to give an employee.

References

• Care.com; Do You Need a Nanny Contract; July 10, 2008
• Sitters Service: Sample Nanny Contract (PDF)
• Parents in a Pinch: Sample Nanny Agreement

Resources

• Baby Center; A Nanny Contract: Why It's Useful