Sample Nanny Contract

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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? »

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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:


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


    Work will be performed at ____________WORKSITE ADDRESS___________________________.


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

    SatBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___
    SunBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___
    MonBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___
    TueBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___
    WedBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___
    ThursBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___
    FriBegin: ______ am/pmEnd: ______ am/pmDaily Hours ___

    Total Weekly Hours _____


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


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


    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 HomePay, managed by Breedlove (888-273-3356) for details.

    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 2014 IRS mileage reimbursement rate is 56* 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.

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

    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.


    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.


    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.


    Employee will complete Form I-9 (available at 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 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 HomePay, managed by Breedlove (888-273-3356).


    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.


    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, 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 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 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.


Join the conversation

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Hi, we are preparing a nanny contract and find this contract to be very similar to what we have found elsewhere. There are two things we would like to get feedback on 1) should we offer a salary position to lock the Nanny in and give them a lower $/hr and have a flex schedule on the 40 hr week. If we don't need her on a Wednesday then we can use her on a Saturday, agreed on earlier. And 2) what's everyone's experience with vacation scheduling? It's gotta be difficult trying to schedule vacation with the Nanny and family schedules? And is it desirable to set 1 week vacation for mid June and the other at Nanny's request, basically split vacation requests for 2 week vacation allowance. Thx
October 18, 2015 at 11:54 PM
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Jennifer J.

We didn't do one with my current employers, we just have a silent agreement. But I wish I would have thought about a contract when I started because I would have asked for guaranteed hrs as an agreement.
August 02, 2015 at 8:27 PM
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Thamayra S.

What happened if you are not comfortable no more working at some bodies home. How can I end the contract?
May 14, 2015 at 4:56 PM
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Brittany B.

my family printed this off for me two sign... Says I have to give two weeks notice. What if I don't/can't?
May 12, 2015 at 4:57 PM
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Tom B.

Hello Pamela. The contract is intended to be a template families can use and then customize to fit the exact childcare situation they're needing. I agree with you that discussing time off and having it included in the contract is very important. Many families do what's called "shared vacation" for days they won't need childcare that go against their normal childcare schedule. The day is simply deducted from the nanny's paid vacation for the year. Obviously this arrangement must be agreed upon, but it's an idea for those in your situation.
April 15, 2015 at 12:59 PM
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Tom B.

Hello Ivy. I'm really glad to hear you find this article and the contract useful. Unfortunately we don't have anything specific to the laws in South Australia, but we would love to be able to serve families in Oz in the future. In terms of using the contract, you are free to use and edit it to best fit your needs. It is intended to be used as a template and shouldn't be viewed as a legally binding document the way it sits on the website.
April 15, 2015 at 12:53 PM
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Pamela C.

Hello, One thing I did not see in the sample Nanny contract was addressing compensation when the family does not need you on one of your assigned work days. I have run in to this twice two different families. As a par-time nanny once you commit certain days of the week to a family, you are theirs. No other jobs take precedence Then they tell you "you're going to off next week, we have family coming in town". What's a nanny to do? The first family said they would not pay for days I did not work for them. When I explained that having the assurance, and availability of a regular part-time nanny instead of having to use a sitter service for part-time care is not always easy to find. And that I was not prepared financially to not get a weeks pay. She understood, but husband did not, and we parted ways.
April 09, 2015 at 2:49 PM
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Hi Tom! This article is really helpful. Life save as well. Can I copy this and have my employer sign on it? Is it legal if I just do that? also, do you have special contracts for nannys in South Australia?
April 08, 2015 at 7:47 PM
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Tom B.

Hello Joy. In North Carolina, overtime is not required to be paid to a live-in nanny. In terms of your room & board considerations, there are some really complicated tax rules in terms of how to report it, but only if you're trying to use room & board deductions to drop your nanny's hourly rate below minimum wage. Since that doesn't seem to be how you're going about things, you shouldn't have to worry about singling out room & board in your wage negotiation. You can simply offer your nanny a set hourly rate and tell her that it is the combination of her working time offset by the room & board. When you report your nanny's wages on your federal and state tax returns, there are no additional boxes asking for how the total wages were accumulated.
April 06, 2015 at 1:05 PM
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Joy N.

Hello, this is our first time hiring a live-in nanny and I just want to make sure we are giving her a fair wage. Is there a general rule of thumb for considering room and board, in a separate apartment above the garage, in wage negotiations and is there a "best way" to discuss it in wage negotiations? Also, I know its been mentioned several times that most states do not require overtime for a live-in nanny, but regular pay for hours worked - is that true in North Carolina? Thank you! Joy
March 28, 2015 at 9:12 PM
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this sample is very helpful. I see that you have 'Grounds for Termination' of contract on the employer end but no 'Grounds for Termination' of contract on employee end. I think it would be good for employers to see what might be inappropriate behavior their end, and help nannies address problems more openly, as well.
March 23, 2015 at 1:53 PM
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Tom B.

Hey Laci. I'm glad you asked these questions because there's quite a few details that need to be ironed out before you begin. First, as a nanny, you are an employee of the families you work for - not an independent contractor. The IRS is very clear about this and says you must receive a W-2 to file your taxes instead of a 1099. Secondly, you cannot be paid through the family's business because you are not an employee of that business. You do not contribute to the success or bottom line of that business, so applying your wages to any business tax return would create a large mess. Instead, the families need to set themselves up as household employers with the IRS and reconcile their "nanny taxes" through their personal income tax returns. Finally, your question about compensation is a fair one and is just fine as long as you are working for both families at the same time. If you are working for only 1 family for an afternoon or an extra day, your hourly rate needs to be at least minimum wage ($7.25/hour). It would be easier to track if the families both paid you on the same cycle, but as long as the taxes are being withheld and calculated properly, there's nothing wrong with how they are setting it up. If either family has questions, please have them call us at (888) 273-3356 and we'll be happy to help.
January 06, 2015 at 11:13 AM
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Tom B.

Hello Bridget. Since the idea of a Nanny Share is that the nanny will be watching each family's kids at the same time, the terms should be discussed between the two families so that a consistent message is shared with the nanny. There isn't a sample Nanny Share contract on, but that is a good suggestion that we'll work on creating.
January 06, 2015 at 11:01 AM
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Laci R.

Hello, I have recently been hired by best friends who work for the same company. They have 2 children who I will be keeping at their work place. I don't start until the 11th of Jan. But I've already went through the interview but go tomorrow to meet the children. They've told me I'd receive hookahs off and vacation. Is it ok to bring up a Nanny contact to them before I actually start the job? Also, one of the husband's owns his own business, is there a way I could ask them to do a W2 instead of a 1099 on me? That way I could claim taxes at the end of the year? Is it legal to go through their business (not where I'll be working) or does offer a way to do a 1099. Im also use to getting paid $13.00-15.00 an hr for to my experience is 12+ years but I will be getting paid $10.00 hr (each parent passing $5.00 each an hr) is that normal? One final question... Im not 100% sure on how if get paid, I think they were talking about one passing me personal check once a week and the other every 2 weeks through direct deposit. Is that ok?
December 31, 2014 at 1:31 AM
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Bridget B.

Hello! Considering a nanny share opportunity...should the terms of the nanny share be included in the nanny contract or a separate document? Do you have a sample nanny share contract that would be used between the families? Thank you!
December 29, 2014 at 5:21 PM
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Tom B.

Hello Jessica. Since a nanny is considered a non-exempt employee, they should have an hourly rate that they work by. In fact, some states have laws that require a household employee to be paid hourly even if their hours never fluctuate. I would suggest simply offering your nanny a rate of $13.89 per hour ($250/week for 18 hours) and just adjust the pay up or down depending on her hours.
December 08, 2014 at 6:21 PM
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Hi! Must we pay our part-time nanny hourly, or can we pay her a weekly salary. For example, $250 for roughly 18 hours? Thanks!
December 04, 2014 at 1:53 PM
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Sara H.

I've worked as a professional nanny for over 15 years in Los Angeles. These contracts are a MUST! When any family doesn't want to sign one it's a big red flag for me and when I've accepted assignments without a contract in place, things usually go downhill in one way or another. I've noticed that prospective employers seem to take me much more seriously when I bring up the topic and ask for a contract and it makes it easier to determine who's more likely to respect my time & effort. I've had a lot of positive feedback by requesting these employment contracts! (I request nanny cameras in the home as well-it's all self protection)
November 17, 2014 at 10:07 PM
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Tseten D.

I am doing nanny for 14 years,I have no complain at all.I am so blessed to have a great boss like angel so thank full for that .yes we do have nanny contract which is good to go in long term.
October 22, 2014 at 11:43 AM
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Tom B.

Hey amtheg. Your nanny contract should be the agreement that both parties live by. It's perfectly understandable that either you or the family could have something change in your lives that would require alteration of the original contract. However, when it comes to pay, it is extremely important that you come to an agreement with the family on how things will be handled because you're right, you're basing your budget on how much you will earn. The problem is that the law is fairly general in how they talk about paying wages. The general rule is that you must be paid for the hours in which you work. Holidays and other paid time off aren't written into federal labor law, so it all comes down to what is agreed upon. I'm sorry I can't give you a set-in-stone answer, but I hope you can come to an agreeable solution with your employer.
October 14, 2014 at 3:40 PM

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