When you start working as a babysitter for a family, there’s a lot to discuss in advance: everything from payment and house rules to emergency procedures. There’s no legal requirement to have a written contract for babysitting, but if you sit for a family on a regular basis, drafting a contract can help you and your employer dot all the i’s and cross all the t’s.
Essentially, contracts are tools that help families and babysitters cover all the important aspects of a job before work starts. It might sound formal, but coming to a written agreement can start a dialogue about many elements of the job you might not have thought to discuss, and it can ensure you’re on the same page about your working relationship.
When is a babysitter contract necessary?
Some might argue that there should always be a babysitter contract. However, there are informal situations where you and your employer might decide it’s not necessary—for example, if you’re babysitting for a family member or a trusted friend for an occasional night out. If you’re babysitting regularly or frequently for a family, having an agreement in place is in the best interests of both parties.
What should your babysitter contract include?
The goal of a sitter contract is to clarify job duties, expectations and compensation, and the paperwork can be as simple or as extensive as you and your employer want it to be.
Most important are these basics:
1. Your name and the names of parents/guardians, the names and ages of the children, and contact info for you and the parents/guardians.
2. Effective start date and end date (if applicable).
3. Compensation:
- How much are you paid for babysitting? Is it an hourly rate? Or a salary? Is there a retainer fee? These details should be specific and must be in line with national minimum wage rates.
- When are you paid? Should you expect to be paid when your employer gets home? Or, for longer-term arrangements, will you be paid fortnightly or monthly?
- What factors increase or decrease pay? Does the rate increase on public holidays? If the employer has to cancel at the last minute, do you still receive partial pay? How are you compensated if the parents get home later than they agreed? Consider any factors that might result in rate changes and how those changes will be determined.
- What other expenses are reimbursed? For example, if you take the child to the children’s museum, will you be reimbursed for travel, the price of admission or lunch? Your employer should be clear about what they will pay for, if it extends beyond your standard pay.
4. Your commitments:
- How frequently will you be providing care? Three times a week or simply as needed? Outline the expected time commitment, if possible. If you are providing care for a family regularly, what are their expectations around annual leave?
- What are the expectations in terms of care? Are you expected to play with the child, cook and serve meals, put the child to bed, give them a bath or do light housework? Specify what tasks are included in the compensation rate.
- What (if anything) are you expected to provide? Will you need a reliable vehicle and a valid driver’s licence? What about a mobile phone? If there are any items that are essential for the child’s care but which are not provided by the family, it’s important to outline them.
- What special needs should you be aware of? If you’re caring for a child with special needs, such as autism or a serious food allergy, the contract should outline very clearly any guidelines and procedures you should follow in order to avoid costly or potentially fatal mistakes.
5. Emergency procedures:
- What should you do in case of an emergency? Many families already know to write down emergency contact numbers for the babysitter. It’s crucial information for you to have, and it should also be clearly outlined in the contract. Signing the contract confirms that you and your employer are on the same page about what you’re expected to do in the event of an emergency.
6. Termination procedures:
- Who can end the agreement, and under what circumstances? This one is essential for avoiding any uncomfortable disagreements in the event you or the family decides to end your working relationship. Typically, either party will have the right to terminate the agreement at any time, but there may be notice time to be served and paid.
- How much advance notice is needed? Do you need to give notice if you don’t intend to work for this employer again? For as-needed care, this might not be necessary, but if you’re being hired for routine care, make sure the employer has outlined how far in advance you need to give notice so you don’t burn a bridge when you decide to move on.
- How much payment is due in the event of termination? When is it issued, and under what circumstances? If you’re paid on a routine schedule rather than per session, this will help you know what you are entitled to in the event either of you ends the working relationship for any reason.
What other details should you agree on?
Once you’ve got the basics covered, you might want to discuss some other important aspects of your working relationship. These details might simply be part of a verbal agreement, or you might want to put them in writing as well:
1. House rules:
If the parents have any specific limits for the child—like no lollies or soft drinks, or no screen time an hour before bed—these should be outlined clearly.
2. Social media policy:
Are you allowed to post photos of the child online? If yes, are there any precautions you should take to protect the child’s privacy?
3. Off-limits conduct and consequences:
Are you allowed to have visitors while you’re babysitting? Use the computer? Are there places in the house where you shouldn’t go? And if you violate these restrictions, is that grounds for dismissal? Will pay be deducted? If so, your employer needs to clearly outline what will happen if you violate specified restrictions.
4. Health expectations for you:
Under what circumstances should you not watch the child when you’re sick—for example, if you have a temperature above 38°C?
5. Procedures if the child become ill:
What steps should you take to alert the parents if their child develops signs of illness—such as a fever over a specific temperature, vomiting or diarrhoea—and who do you need to contact if you can’t reach them? Do you have permission to give the child medicine such as ibuprofen if they have a fever?
6. Child’s schedule:
If the child needs to stick to a specific routine, the parents should clearly detail the schedule. For example, if the child has to eat dinner at 5pm, have a bath at 6:30pm and be in bed by 7pm, they should include that itinerary.
7. Discipline:
What discipline is expected and what isn’t? If the parents have a very specific way they like their child to be disciplined—such as using redirection instead of punishment—it’s important they make that very clear for you, so you can respect their wishes.
8. Tax withholding and reporting (see section “What about taxation and superannuation”):
Employers should outline how they handle withholding and reporting taxes on wages as the “employer” and outline their responsibilities in the agreement.
What’s the best way to discuss written agreements or contracts?
Your employer may broach the subject of a written agreement or contract with you, since they’re the ones welcoming you into their home and entrusting you with their child’s safety. But if they don’t mention a contract, you should feel free to bring it up. This will be viewed as professional and the family will respect and appreciate it.
Here are some tips for discussing a contract with an employer:
Be upfront
Clearly explain why you think a written agreement is a good idea for both you and your employer and how it can better clarify your expectations of one another.
Take your time
If your employer hands you a contract, don’t just sign it on the spot. Ask for a day or two to look it over, and ask for a second opinion if there is anything you’re unsure about. If you’re under 18 or living with your parents or guardians, they should be involved directly with managing and reviewing the contract.
… or give time
If you’re the one writing the agreement, then allow the parents time to look over the contract and ask any questions.
Set realistic expectations
Make sure you’re not overpromising or asking too much of your employer when it comes to details like cancellation policies, overtime pay and house rules.
Update the contract
If, after some time on the job, something in the contract isn’t working out, or if you discover a new aspect of the job you want to include, you can revisit the paperwork and make amendments as necessary.
What is the absolute bare minimum you should do?
Regardless of whether you have a written contract or not, you should still have an open conversation in which you discuss all of the above points with your employer. Making sure you’re both in verbal agreement about the important details is key to success and satisfaction for both parties. And you can take it one step further by writing down those discussion points and going over them with your employer before you start the job.
It’s a good idea for babysitters to share a short, one-page family information document in person during the interview or as a follow-up email that lists the kids’ names, any food or other allergies, emergency contact information and the sitter’s payment rate. Most families are receptive to helping the babysitter create a document with house rules and approved snacks so that everything is clear upfront.
That one-page document is an important resource you can keep with you and easily refer to while you’re on the job. Calling this document a family summary page can help take away the formality around the word “contract”. Then, in the future, if the family wants to make it a formal agreement, both parties can always sign and date the document at a later date.