Sample Nanny Contract

A detailed nanny contract is an essential part of hiring a nanny. Here's a sample nanny contract template to get you started.

parents and baby

When you hire a nanny, there are lots of details to remember and things to think about and agree on. You're an employer now and you have to act like one. Create a nanny contract so that you and your new nanny understand what to expect from each other.

Below is a basic sample contract that you can personalize to fit your needs. Also review our Nanny Rules and Daily Schedule that go along with this contract.

To learn more about why you need a nanny contract and what other things you may want to include in a contract, read our article on Do You Need a Nanny Contract?

Your Next Steps:

  • Copy the text below and paste it into a Word document
  • Look it over and figure out what details you should include for your family and situation
  • Go over the contract with your nanny and let her ask questions
  • Print out two copies of the contract, sign both and ask your nanny to do the same -- then you each keep a copy
  • Create a payroll account to make handling payment and nanny taxes easier
  • Make sure your new nanny has everything she needs for her first day

Sample Nanny Contract

Dear ________________,

Welcome to our family! The following contract is to make sure we are all on the same page about vacation days, taxes, payments and schedules. The attached "Nanny Rules" and "Daily Schedule" are a little more about how our family works and how we are hoping to raise our child(ren), written down so it can be clear. While the below contract is very black and white, the addendum will be an agile document and we know things will change as our child(ren) grow and develop along the way. We hope we can re-write this with you through the years.

This contract, executed on ____DATE_____, between __________EMPLOYER_____________ and _____________EMPLOYEE_______________, has the following terms of employment:

  1. START DATE

    Employee will start employment on ________DATE________ and continue until either party elects to terminate the relationship.

  2. WORKSITE ADDRESS

    Work will be performed at ____________WORKSITE ADDRESS_________________.

  3. WORK SCHEDULE

    The following represents a typical schedule. Employer will limit fluctuations as much as possible and provide as much notice as possible.

    Sat Begin: ______ am/pm End: ______ am/pm Daily Hours ___
    Sun Begin: ______ am/pm End: ______ am/pm Daily Hours ___
    Mon Begin: ______ am/pm End: ______ am/pm Daily Hours ___
    Tue Begin: ______ am/pm End: ______ am/pm Daily Hours ___
    Wed Begin: ______ am/pm End: ______ am/pm Daily Hours ___
    Thurs Begin: ______ am/pm End: ______ am/pm Daily Hours ___
    Fri Begin: ______ am/pm End: ______ am/pm Daily Hours ___

    Total Weekly Hours _____

  4. JOB RESPONSIBILITIES

    Dependent Care. The name and date of birth (DOB) of each dependent is listed below.

    ______NAME________ _DOB__
    ______NAME________ _DOB__
    ______NAME________ _DOB__

    A specific list of tasks, timelines and instructions are attached in the Nanny Rules and Daily Schedule.

  5. COMPENSATION

    Regular rate of pay = $_______ per hour

    + Overtime rate of pay = $_______ per hour (for more than 40 hours in a week)

    Total compensation = $_________ per week

    Wages will be paid: Weekly (Every Friday)
    Bi-Weekly (Every Other Friday or 26 times per year)

    Fair Labor Standards Act Notes: With very few exceptions, domestic employees are classified as "non-exempt" (protected) workers, which entitles them to pay for every hour they work at a rate that may not be less than the federal, state and, if applicable, local minimum wage rate. Additionally, overtime (time-and-a-half) must be paid for each hour over 40 in a 7-day workweek. Generally, live-in employees are exempt from overtime requirements, however, certain states such as MD, MA, NY, MN and ME have special overtime requirements for live-in employees. Call Care.com HomePay, managed by Breedlove (888-273-3356) for details.

    MILEAGE AND GENERAL EXPENSES
    Any miles driven while on the job using the employee's car will be reimbursed at the IRS Mileage Reimbursement Rate, which covers the cost of gasoline as well as general wear and tear on the car. Employee will maintain a mileage log and submit to employer for reimbursement at the end of the pay period. The 2013 IRS mileage reimbursement rate is 56.5* cents per mile.

    All other pre-approved, work-related expenses will be reimbursed at cost. Employee will keep all receipts and submit to employer for reimbursement at the end of the pay period.

    TAX-ADVANTAGED BENEFITS
    In addition to the wages stated above, employer will contribute to the following employee expenses. These amounts are considered "non-taxable" compensation (up to the limits noted below), meaning neither employer nor employee will pay any taxes on this portion of the compensation (check any that apply):

    Health insurance at $__________ per month
    Public transportation at $__________ per month (up to $245*/month)
    Parking at $____________ per month (up to $245*/month)
    College tuition at $___________ per month (up to $5,250* per year)
    Mobile phone service at $__________ per month

    Tax-Advantaged Benefits Notes: Families are generally not required by law to provide these benefits. They are additional perks that can be discussed between the family and nanny.

    *Rates and limits vary in some locations and are subject to change. Call Care.com HomePay, managed by Breedlove (888-273-3356) for details.

  6. PAID TIME OFF

    Employee will receive the following paid time off:

    Family Sick Leave (_____ hours per year). ____ week(s) notice is requested for any appointments, etc. which may cause the employee to miss work.
    Vacation (______ hours per year). Employee will provide vacation request at least ___ week(s) in advance. (See Nanny Rules for how this vacation will be determined)

    Paid Time Off Notes: Families are generally not required by law to provide paid time off. However, there are exceptions in some areas, such as:

    • San Francisco and Washington, DC require employers to provide paid sick leave once an employee has accrued a certain number of hours.
    • The state of New York requires employers to provide 3 days of paid time off after one year of service.
    • Some states, such as California, require employers who offer paid vacation to allow unused accrued hours to carryover from one year to the next.

    Please reference your local and state law to ensure compliance.

  7. HOLIDAYS

    Employer will provide the following PAID Holidays (check any that apply):

    New Year's Day Martin Luther King, Jr.'s Birthday
    President's Day Memorial Day
    July 4th Labor Day
    Thanksgiving Day Christmas Day
    ____________ ____________

    Employer will also provide the following UNPAID holidays (check any that apply):

    New Year's Day Martin Luther King, Jr.'s Birthday
    President's Day Memorial Day
    July 4th Labor Day
    Thanksgiving Day Christmas Day
    ____________ ____________

    Holiday Pay Note: Families are not required by law to provide paid holidays.

  8. TAX WITHHOLDING/REPORTING

    Employee will complete Form I-9 (available at www.uscis.gov/forms) and provide the required documentation verifying employment eligibility within three days of hiring.

    Employer will withhold the required Social Security and Medicare taxes from the employee's pay, along with income taxes per the employee's instructions on Form W-4 and all other applicable state taxes.

    All tax withholdings will be remitted to the state and federal tax agencies on or before the household employment tax deadlines. In addition, employer will match the employee's Social Security and Medicare contributions and make contributions to the state and federal unemployment insurance funds on behalf of the employee.

    Employer will provide employee with Form W-2 (available at www.irs.gov/Forms-&-Pubs) at the end of the year (by January 31).

    Employer will report employee's earnings to the Social Security Administration so that employee receives appropriate retirement benefits.

    Tax Withholding/Reporting Notes: For help with the nanny tax process, call Care.com HomePay, managed by Breedlove (888-273-3356).

  9. CONFIDENTIALITY

    Employee understands that any and all private information obtained about the employers or their dependents during the course of employment, including but not limited to medical, financial, legal, and career, are strictly confidential and may not be disclosed to any third party for any reason.

  10. GROUNDS FOR TERMINATION

    The following are grounds for immediate termination:

    • Allowing the safety of the dependent(s) to be compromised
    • Inconsistent or non-performance of agreed-upon job responsibilities
    • Concerning issues in background checks
    • Dishonesty
    • Stealing
    • Misuse of family automobile
    • Breach of confidentiality clause
    • Persistent absenteeism or tardiness
    • Unapproved guests
    • Smoking or consumption of alcohol while on duty
    • Use of an illegal drug
    • Overuse of cell phone while on duty or while driving
    • __________________________________________________________________
    • __________________________________________________________________
  11. Social Media Policy

    Employee understands that no information about his/her location, plans for the day, or pictures of the children should be shared on any social media network. Employee will also not tell strangers to the family (i.e. nanny's friends) where she is spending the day, unless the family has authorized.

  12. Raises and Reviews

    Upon the first 90-days, the Employee will have an initial review with the family to check-in and gauge how relationship is going.

    After ___ year(s), the Employee is eligible for a raise of $___or ___%. This will be based on
    _______________________________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________.

    Raises and Reviews Notes: Families are not required to give nannies annual raises, but it is a common practice. Start with the rate of inflation (check the Bureau of Labor Statistics website for the Consumer Price Index, www.bls.gov/cpi/) and then add between two and five percentage points based on performance.

Employer hereby agrees to be fully bound by the terms of this contract.

Employer Signature: _____________________________________

Printed Name: __________________________________________

Date: _______________

Employee hereby agrees to be fully bound by the terms of this contract.

Employee Signature: _____________________________________

Printed Name: __________________________________________

Date: _______________

Katie Bugbee is our global parenting expert and senior managing editor here at Care.com. She has written for Babble, Huffington Post, Newsday and Parenting. A busy working mother, she offers families advice on many parenting dilemmas, from appeasing picky eaters to finding the perfect babysitter.

Legal Notice: This document and the information in it is presented to be used solely as an example and general guide and is not intended as legal advice. By using this document, the user hereby agrees to release and hold harmless Care.com and Breedlove & Associates, LLC from any liability arising under or relating to this "Sample Nanny Contract" document whether arising in contract, equity, tort or otherwise.

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Comments (26)
Photo of Stephanie B.
Stephanie B.
Hi Stephanie!

Congratulations on your first live-in nanny job. I hope it goes well for you. The form you'll need to talk to the family about is actually the W-4, not the W-9. This is the form they'll use if they plan on withholding federal income taxes from your pay. It's not required they do this, but I highly recommend it because otherwise you'll have to pay the income taxes on your own through estimated payments to the IRS or all at once when you file your income tax return. You can find the W-4 form online and fill it out yourself and present it to the family when you ask them about the income taxes.
Posted: March 24, 2014 at 3:05 PM
Stephanie R.
So I'm doing my first live in nanny assignment n my boss hasn't gaven me my w-9 form or a contract is that bad... and they have me working from 7:30 am to 9pm n doing house chores
Posted: March 19, 2014 at 6:35 PM
Isabelle V.
I give my caregivers 1099 Forms for anyone earning over $600.
I know of no caregiver asking for minimum wage, they receive average $15 an hour. Now with Nanny tax in California, employers may go back to lower wage similar to minimum.
Posted: March 12, 2014 at 7:09 PM
Elindriel
nanny contracts are a must, and should be brought up on the interview. If the family refuses to review or sign it, then find one who will. It clearly spells all the issues, and should handle contract termination.
Posted: February 26, 2014 at 8:10 PM
Stephanie Breedlove
Hi Raven!

Placement agencies have a pool of caregivers that have been verified as able to work for families in your area. All you need to do is contact one of them and set up a meeting and they'll find a handful of candidates that fit your requirements. Visit (http://www.breedlove.com/Resources/Nanny-Agency-Referrals.aspx) to see a list of agencies in your state that can help you out.
Posted: January 21, 2014 at 10:49 AM
Raven
How do I go about hiring my personal nanny through a third party agency? She needs verification and a pay stub documentation weekly so it is neccessary that we do it this way, but how
Posted: January 20, 2014 at 2:54 PM
Stephanie Breedlove
Hi Ariane!

You bring up a great question and I always recommend the conservative approach of withholding taxes from the very first day she works for you. If she crosses the FICA threshold of $1,900, you won't have worry about going back and accounting for the taxes that should have been withheld. If she never earns $1,900 from you, it's easy for you to simply calculate the taxes you withheld while she worked for you and write her a reimbursement check for the amount.

Since the nanny may work for you for 3 months, I'd also like to remind you that if she earns $1,000 or more from you during a calendar quarter, the state requires you to file an unemployment insurance tax return. Since you'll be withholding taxes, it will be an easy form for you to fill out and the taxes shouldn't be very high since the nanny is working part-time.
Posted: January 16, 2014 at 12:27 PM
Ariane
Hello,

I am hiring a nanny part time and was wondering do I start withholding taxes after she has reached the $1900 mark or do I start withholding the first week she starts for us? It is unsure as of now if the job I have will be longer than the 3 months it will take her to reach the $1900 mark. So with that being said, do I wait until she actually hits $1900 or start now? Then, If I do wait until that point, do I take back-dated taxes from her next check or spread it out over the next few checks until we are current on tax withholding? Lastly, If I do opt to start withholding on the first day before her $1900 mark and she doesn't quite ever get to that point, Do I give her a check for the taxes I took out being she never hit the mark? I hope this wasn't too confusing. Thank you!
Posted: January 15, 2014 at 1:28 PM
Stephanie Breedlove
Hi Erin!

Most states will pay unemployment insurance benefits if you are let go from your job due to no fault of your own. And in many cases, employees that have a substantial reduction in hours are also eligible. As long as you were paid legally - and it sounds like you were - you will be eligible to receive unemployment benefits while you find a new job because your employer has paid state unemployment insurance taxes. I wish you the best of luck finding a new job. I hope it doesn't take very long!
Posted: January 07, 2014 at 6:41 PM
Photo of Erin D.
Erin D.
I wish I had information like this prior to my current situation in which my employers had originally given me one length/period of time for which I was to be employed but they recently decided to cut back costs by not having a nanny and going with daycare leaving me less than a proper amount of time to find another job. I filled out a W2 etc, pay into the system...can I draw for unemployment or am I just out of luck? Feedback would greatly be appreciated on this. Should this be something written into a Nanny contract for future references? This article really has been helpful. Thank You!
Posted: January 07, 2014 at 3:17 PM
Stephanie Breedlove
Hi Emily! Your tax responsibilities are solely based on how much you pay the nanny, not on how often she works for you. That being said, nannies are always considered employees, never independent contractors. The IRS is crystal clear on this distinction and they can levy serious penalties on families that misclassify their nanny.

As far as withholding taxes goes, if the nanny has earned $1,800 or more this year, you should be withholding taxes from her and paying your portion of employer taxes. In 2014, this threshold will increase to $1,900. There is no federal or state law that requires you provide vacation time, and unless you live in San Francisco, Washington D.C. or the state of New York, there is no requirement to provide sick pay. These 2 items are just nice things to include in your nanny contract to make the position more attractive to a quality nanny.
Posted: December 13, 2013 at 11:32 AM
Photo of Emily D.
Emily D.
I like the idea of using a contract, but what if you are hiring a nanny for a part time position. Are you still responsible for taking out taxes, providing sick pay or vacation pay? Are they not considered independent contractors?
Posted: December 13, 2013 at 3:56 AM
Stephanie Breedlove
Hi Elizabeth! While a contract is great for outlining job duties and setting pay rates, it cannot be used to circumvent federal, state or local laws. The family is required to pay you at least minimum wage for every hour you work and overtime for all hours over 40 you work in a 7-day workweek. I'm not sure what state you live in, but it would be worth the family's time and your time to review and discuss the household employment laws in your state. You can find this information at (http://www.breedlove.com/Answers/RequirementsByState.aspx). I wish you the best of luck moving forward!
Posted: December 09, 2013 at 12:38 PM
Photo of Elizabeth C.
Elizabeth C.
What should I do if I am already employed by a family, with a contract in place, but the contract is illegal? In the contract it says that the employer understands that I am covered by the Labor Laws but they do not pay me minimum wage or overtime. When I agreed to the contract I had no idea what rights I had. It was/is my first nanny position and I feel that they have taken advantage of me. What should I do?
Posted: December 07, 2013 at 3:43 PM
Breeze Y.
I think that is a great contract, it would be nice if you had one for pet sitters as well.
Posted: November 20, 2013 at 8:26 AM
Photo of Corinne C.
Corinne C.
It's best to have workers comp. for your nanny in case they get injured.
Posted: November 01, 2013 at 7:46 PM
Melissa S.
Great contract however beware parents get a lawyer to draw a better contract because there are people whole will go after you if they get hurt on the job.
Posted: October 30, 2013 at 10:45 AM
Member Care
Hi Carolina!

What a great question!

The decision about how much you are going to pay your nanny is totally between you and her. I would reccomend checking out this article on How to Reimburse Your Nanny for Gas and Mileage:

http://www.care.com/child-care-how-to-reimburse-a-nanny-for-gas-and-mileage-p1017-q31518687.html

Best of luck with everything!
Posted: October 25, 2013 at 1:52 PM
Stephanie Breedlove
Hi Kymberly!

Yes, as soon as the nanny earns $1,800 in a calendar year, the family must withhold taxes starting with the first dollar she earns. So if you think your nanny will cross this threshold, it's just best to withhold taxes from day 1. The threshold is in place so families who hire an ocassional babysitter to watch their kids on date night are not burdened with an actual employment situation.
Posted: October 25, 2013 at 11:32 AM
Photo of Kymberly H.
Kymberly H.
Is there a rule/law to when or when to not take out taxes?
Posted: October 25, 2013 at 11:04 AM
Photo of Carolina V.
Carolina V.
This contract looks good, my nanny charges me from the time she leaves her house, so every day is an extra half hour, should we pay that or should the time start at the time my kid gets picks up? We also pay her on top for her car usage. Curious on how to approach it with my nanny. Thanks
Posted: October 25, 2013 at 7:02 AM
Emerald F.
Thanks for the info when I hired my nanny I didn't took the time to write the contract now I wish I did , because she violate our privacy quit the job based on her unhappiness on how I live my life and she also stayed no enough money when the verbal agreement was clear from the start on top of it she share personal information about me and my family with a third party and who knows who else and is nothing I can do about it, very sad she was treated like family there was my second mistake and now my privacy has been violated and sadly with no regrets on her part once this could impact the future of my children. I will be more careful next time for sure. thanks for the info very helpful and I hope never happened to any one very frustrating.
Posted: October 24, 2013 at 11:49 PM
Photo of Valerie B.
Valerie B.
Im a little concerned and nervous about pulling out a contract although I agree its necessary. The families always come off like, after a week there, they will be embracing me like their next of kin, but then look at me like I have three heads if I pull out a contract...how dare I ... its like asking them to sign a pre-nup or something.
I'm bringing a sample with me on an interview tomorrow because these folks don't seem to have a handle on "sickday","holiday",or "vacation pay"...on the phone interview, they were really wishy-washy.
PS Prayer helps...I ask the Lord to prepare their hearts and minds to receive me and my requests!
I'd like to take this opportunity to ask C.com why there is no spellcheck available on this site, or perhaps I'm missing something!
Posted: October 12, 2013 at 9:08 PM
Member Care
Hi Cynthia!
Having a Nanny Contract in place is definitely a good idea if you are concerned about establishing expectations between you and your employer upfront. This contract can be used for both the nanny, and the employer. So you each should have a signed copy.
This contract we are providing is only a sample, and can be (and should be!) edited to add anything that you and your employer agree upon. Many of the things you have mentioned could be added into Section 4 in "Job Responsibilities," and you should also check out the Nanny Rules and Daily Schedule add-ons that we link to at the top of the page.
This is all great to have in writing - the more the better! Congratulations for looking into this, a contract is an important thing for any employer and employee to have!
We hope this helps, and best of luck!
Posted: October 03, 2013 at 10:23 AM
Photo of Cynthia A.
Cynthia A.
How about a employer contract?? Should a nanny make up a contract for the employer as to what she also expects, what she is willing to do, not willing to do, etc. I am pretty flexible and usually willing to do a little extra on the side besides caring for the children, when I can fit it in the schedule but also don't want to be taken advantage of.
Posted: October 02, 2013 at 4:04 PM
Photo of Chari T.
Chari T.
great ideas to take with you to the interview!! as some families dont want to abide by many of these normal practices. its a good way to let them see that most of it is pretty "normal"!!
Posted: September 09, 2013 at 3:52 PM
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