Nanny Employment Agreement
This Nanny Employment Agreement (the "Agreement") is made between [Parent or parents (employer)] (the "Family"), of [Home address (place of work)], and [Nanny full legal name] ("Nanny"), of [Nanny address], for the care of the following children: [Children’s names and ages] (the "Children"). The Family and Nanny are each a "Party" and together the "Parties".
1. Employment and Start Date
The Family employs Nanny, and Nanny accepts employment, as a nanny for the Children beginning on [Start date]. Nanny is a household employee of the Family, not an independent contractor. The place of work is the Family’s home at the address above and such other places as the care of the Children reasonably requires, including outings, school and activities. Nanny represents that Nanny is legally authorised to work in the United States and shall complete Form I-9 and Form W-4 on or before the start date, and consents to a background and reference check.
2. Schedule and Hours
Nanny’s regular schedule is: [Weekly schedule], for approximately [Scheduled hours per week] hours per week. Scheduled hours are guaranteed as follows: [Are the scheduled hours guaranteed?]. Where hours are guaranteed, the Family shall pay for the scheduled hours each week whether or not it needs Nanny’s services, including when the Family is away, except during Nanny’s own unpaid time off.
The Family shall give Nanny as much notice as practical, and at least twenty-four (24) hours where possible, of any change to the schedule or request for additional hours. Nanny is not required to accept additional hours, evenings, overnights or travel, but shall try to accommodate reasonable requests. Overnight and travel arrangements, including pay for on-call hours, shall be agreed in writing in advance.
3. Compensation
The Family shall pay Nanny [Hourly rate] per hour for all hours worked up to forty (40) in a workweek, and [Overtime rate (hours over 40 per week)] per hour for all hours over forty (40) in a workweek, as the Fair Labor Standards Act requires. Nanny shall be paid [Pay frequency] by direct deposit or check, with a pay statement showing hours, rates, gross pay, withholdings and net pay. Nanny shall record hours worked and the Family shall approve them each pay period.
The Family shall reimburse Nanny for pre-approved expenses incurred for the Children, such as activities, food on outings and supplies, and for mileage at the IRS standard rate when Nanny uses Nanny’s own vehicle for the Children with the Family’s permission. The Family shall review Nanny’s pay at least annually.
4. Taxes and Household Employer Obligations
The Family is a household employer and shall withhold Nanny’s share of Social Security and Medicare taxes and, at Nanny’s election on Form W-4, federal and state income tax; shall pay the employer’s share of Social Security and Medicare and federal and state unemployment taxes; shall provide Nanny with Form W-2 each January; and shall obtain workers’ compensation coverage where state law requires it for household employees. The Family may engage a payroll service for these purposes. Nanny shall not be paid off the books, and both Parties acknowledge that Nanny is not an independent contractor.
5. Duties
Nanny’s duties are: [Duties]. Nanny shall keep the Children safe, supervised and engaged at all times; follow the Family’s instructions about feeding, sleep, allergies, medication and discipline; keep the Family informed of the Children’s day, health and development; and notify the Family immediately of any illness, injury or incident. Nanny shall maintain current infant and child CPR and first aid certification, which the Family shall pay for.
The following are not part of Nanny’s duties: [Not included (or "None")]. Nanny is not required to perform tasks outside this Agreement, and the Family shall not ask Nanny to do so without agreeing additional pay. Where driving the Children is permitted, Nanny shall hold a valid driver’s licence, use car seats correctly, obey traffic laws and never use a phone while driving; the Family shall ensure the vehicle is insured for Nanny’s use.
6. House Rules
Nanny shall observe the following house rules: [House rules]. In addition, Nanny shall not use physical discipline; shall not leave the Children unattended or in the care of any other person without the Family’s permission; shall not smoke, vape, drink alcohol or use drugs while responsible for the Children; shall not post photographs of or information about the Children or the Family on social media; and shall not invite guests into the home without permission. The Family shall provide a safe working environment, treat Nanny with respect, and give Nanny reasonable rest and meal breaks during the day while the Children nap or are otherwise safely occupied.
7. Time Off, Sick Days and Holidays
Nanny is entitled to [Paid vacation days per year] paid vacation days per year, accruing from the start date, to be taken at times agreed with the Family on at least four (4) weeks’ notice, of which the Family may designate up to half to coincide with the Family’s own vacation. Nanny is entitled to [Paid sick days per year] paid sick days per year, or the greater number required by state or local law, and shall notify the Family as early as possible on a day Nanny cannot work. Unused vacation days may be carried over or paid out only as the Family agrees in writing; unused sick days are not paid out.
The following are paid holidays: [Paid holidays]. If the Family asks Nanny to work on a paid holiday, Nanny shall be paid at the overtime rate for those hours in addition to holiday pay. Where hours are not guaranteed, days the Family does not need Nanny are unpaid unless they fall on a paid holiday or Nanny elects to use vacation.
8. Confidentiality
Nanny shall keep confidential all information about the Family, the Children and the household, including health, finances, relationships, schedules, security arrangements and any other private matter, both during and after employment, and shall not disclose it except as needed to care for the Children or as required by law. This does not prevent Nanny from reporting suspected abuse or neglect to the authorities, discussing wages and working conditions as the law protects, or giving references with the Family’s consent.
9. Termination
Either Party may end this Agreement without cause on [Notice period to end the arrangement (weeks)] weeks’ written notice. If the Family ends it without cause, the Family shall pay Nanny, in addition to pay through the last day worked, severance equal to [Severance if the family ends it without cause (weeks of pay)] weeks of pay at the regular scheduled hours, and may ask Nanny not to work during the notice period while paying it. If Nanny resigns, no severance is due.
The Family may end this Agreement immediately, without notice or severance, for cause, meaning neglect or endangerment of the Children, physical discipline, dishonesty, theft, intoxication, repeated unexcused absence or lateness, breach of confidentiality, or another serious breach of this Agreement. Nanny may end it immediately if the Family fails to pay when due or if the home becomes unsafe. On termination, Nanny shall return keys, cards and property of the Family, and the Family shall pay all wages and accrued vacation due within the time state law requires.
10. Reviews and Changes
The Parties shall meet within thirty (30) days after the start date and at least every six (6) months after that to discuss the Children’s needs, the schedule, duties and pay. Changes to this Agreement, including to the schedule, rate or duties, shall be recorded in a writing signed by both Parties, which may be by email.
11. General
This Agreement is governed by the laws of the State of [Governing law (state)], and nothing in it reduces any right Nanny has under federal, state or local employment law, including any domestic worker bill of rights. It is the entire agreement between the Parties about Nanny’s employment and supersedes all prior discussions. If any provision is held unenforceable, the rest remains in effect.
This Agreement may be signed electronically and in counterparts, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution.
Signatures
Parent(s) / employer · Nanny