A nanny contract is a formal written agreement between a nanny and a child’s legal guardians that outlines the terms and conditions of the nanny’s employment.
It clarifies expectations and protects the family and the nanny, helping the parties avoid surprises and ensuring a smooth working relationship.
Nanny vs. Babysitter
Nannies and babysitters have different roles and job responsibilities when caring for children:
- A nanny provides everyday care for children for multiple days a week, either on a full-time or part-time basis. They perform housekeeping duties and oversee the daily care of children, including dressing, bathing, feeding, and engaging them in activities suitable for their age group. They often establish a long-term relationship with the family they work for.
- A babysitter provides occasional or evening childcare and supervises and entertains children while their parents are unavailable. They work on an as-needed basis and don’t typically have a full-time or part-time role.
Typical Nanny Duties
A nanny’s duties may vary depending on multiple factors, including the needs of the families they work for and the children’s ages. Here are some typical duties that nanny contracts outline:
- Providing Childcare: A nanny meets children’s basic needs throughout the day by feeding, bathing, and dressing them.
- Encouraging Engagement: A nanny plans age-appropriate activities and encourages children to participate in them. They may lead outdoor play, arts and crafts, and games to stimulate children’s cognitive, emotional, and physical development.
- Transporting Children: A nanny safely transports children to and from playdates, activities, and school as necessary, ensuring they use appropriate car seats and follow safety guidelines.
- Preparing Meals: They plan and prepare nutritious snacks and meals for children, considering their preferences and food allergies.
- Providing Educational Support: They help children with homework and guide them through educational activities to support their academic progress.
- Establishing Routines: A nanny establishes and maintains daily routines for children, including bedtime routines and consistent schedules to promote their stability.
- Supervising and Promoting Safety: A nanny ensures the children they care for are secure and safe, monitoring their surroundings and the activities their children partake in.
- Assisting with Healthcare: A nanny may administer treatments and medications to children per their parents’ instructions and seek medical attention when needed.
- Correcting Children’s Behavior: A nanny monitors children’s behavior, offering positive reinforcement and implementing disciplinary procedures according to the parents’ guidelines.
- Managing the Household: Some nannies assist with maintaining the home. They may perform light housekeeping tasks, such as doing children’s laundry, cleaning play areas, and washing dishes after meals.
- Communicating with the Parents: A nanny maintains open and consistent communication with the parents regarding the children’s day-to-day experiences.
Are Nanny Cams Legal?
It depends. Nanny cams can be useful to ensure that nannies perform their expected job duties and care for children properly.
These cameras are legal in most states if the parents place them in a common area, such as the living room or kitchen. They shouldn’t go in private areas, like bathrooms or the bedroom of a live-in nanny.
Be aware that some states have restrictions. For example, you may not be allowed to record audio. In other jurisdictions, you may only be allowed to set up a camera if the nanny agrees to it first. Please check the laws in your state before installing a nanny cam.
Checklist for Hiring and Managing a Nanny
Here are some guidelines for hiring and managing a nanny:
Phase 1 – Prehiring
Define Your Needs
Determine your specific childcare requirements, including schedules, duties, and expectations regarding your children’s care and development.
For example, suppose your child has special needs, or you have multiple kids. You may want to determine in advance that you want a nanny with experience caring for special needs children or large families.
Search and Screen Candidates
To find potential candidates, use reputable sources, such as online platforms, referrals, and local community resources. You can also use nanny agencies like Care.com and Sittercity.com.
Conduct background checks on each candidate, researching their criminal records and asking for references. This way, you can ensure the candidates are safe and suitable for your needs.
Conduct Interviews
Schedule interviews with candidates to discuss their qualifications and experience. Through in-person conversations, you can learn about their childcare philosophy and assess their compatibility with your family’s values and routines.
Phase 2 – Hiring and Onboarding
Establish Expectations and Guidelines
Clearly communicate your family’s expectations regarding childcare duties, household rules, and preferences or routines important to your family.
Prepare a Nanny Contract
Draft a detailed nanny contract outlining terms of employment, including responsibilities, work hours, benefits, compensation, and agreements regarding disciplinary practices, everyday routines, and house rules.
Provide Proper Training and Orientation
Introduce a nanny to your children and family. Give them a tour of your home environment and allow them to gain familiarity with it. Review emergency procedures, children’s schedules, and any medical conditions or special needs that require extra attention.
Phase 3 – Maintaining the Relationship
Maintain Open Communication
Establish clear communication channels with your nanny to discuss daily activities, children’s progress, concerns, and any changes in schedules or expectations.
Ask for feedback and address issues efficiently to build a positive working relationship.
Conduct Periodic Performance Reviews
Schedule regular performance reviews to provide constructive feedback, recognize strengths, and address areas for improvement.
Use these reviews to assess whether the nanny’s performance aligns with your family’s expectations and needs.
Ensure Timely Payments and Proper Tax Withholding/Filing
Adhere to legal obligations by ensuring timely payment of wages and complying with tax withholding and reporting requirements as an employer. Please note that if your nanny is an independent contractor, you’ll use Form 1099-NEC to disclose the payments you made to them.
Consult with a tax professional to understand your responsibilities and obligations related to household employment taxes.
What to Include in a Nanny Contract
A nanny contract template gives you the legal language and sections necessary to create an enforceable agreement. You should include the following elements in your nanny contract:
- Names and contact information: Provide the full names and contact details of the parents and the nanny.
- Start and end dates: Record the start and end dates of the nanny’s contract.
- Work schedule: Include the regular work hours with start and end times. Indicate how the nanny can request time off or alter their schedule if needed.
- Nature of the relationship: Clarify if the parties will have an employment relationship or if the nanny will be an independent contractor. State the causes for immediate termination of the relationship.
- Salary: Explain the nanny’s pay in terms of a wage or salary, including the amount and how the family will issue payments.
- Overtime: Cover conditions under which overtime pay is applicable and the rate.
- Benefits: Explain additional benefits such as health insurance, paid time off (vacation, sick leave, holidays), and bonuses.
- Nanny Duties: Specify how the nanny may discipline children and list responsibilities such as feeding, transporting children to extracurriculars, and cleaning.
- Communication: Describe how the nanny will communicate with the family and outline which instances require contacting the family, such as health issues, school problems, etc.
- Transportation Requirements: Outline the use of family vehicles and travel requirements.
- Household Rules: Clarify specific guidelines the nanny should follow within the household.
- Emergency Procedures: Cover guidelines on handling emergencies, including medical emergencies and contacting parents.
- Confidentiality: Outline the restrictions for what information a nanny can share about the children, including limitations on social media posting. You may also include provisions for how a nanny should handle any private information obtained while on the job. Depending on your preferences, a family may have a nanny fill out a separate confidentiality agreement.
- Dispute Resolution: Include a process for resolving disputes between the nanny and the family, such as mediation or arbitration.
- Amendments: Include conditions under which the parties can modify the agreement, usually requiring written consent from the other party.
- Signatures: Collect signatures from both parties to make the nanny agreement legally enforceable.
Nanny Contract Sample
Download a sample contract for a nanny in PDF or Word format below:
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