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.