A nanny agreement is an employment agreement used when a parent is hiring a nanny as a household employee. This is especially important if the parent is interested in live-in nanny services or child care.
Notes: This is an employment agreement for a Nanny. Please note that unless your Nanny is earning less than a certain amount set by the IRS they will be deemed to be an employee and you must treat them as such and comply with all relevant federal and state employment laws
This Agreement is dated for reference the [ENTER DATE]
[Enter your Names and Address] (the "Family"),
[Enter Name and Business Address of Nanny ] ( the "Nanny"),
A. The Family wishes to engage Nanny to provide care services for their children.
B. The Nanny warrants that that he/she possesses the ability, knowledge, skills as may be necessary, to provide care services to the Family’s children and wishes to provide those services.
THEREFORE in consideration of their respective benefits, duties and obligations hereunder the Employer and the Nanny (collectively “the Parties”) do hereby agree as follows:
1. WORK HOURS AND SCHEDULE
1.1 Nanny will work [Enter number of hours] hours per week subject to any overtime agreed between the Parties.
1.2 Nanny agrees to initially work on the Schedule attached hereto which Schedule shall be subject to change from time to time with the mutual agreement of the Parties.
2. SALARY AND BENEFITS
2.1 Nanny shall be paid at a standard rate of $[Enter Dollar Amount] for each hour / day / week [delete as applicable] worked on the basis of the standard hours mentioned in Clause 1.1 of this Agreement.
2.2 Family agrees to pay the Nanny an overtime rate of $[Enter Dollar Amount] for each hour / day / week [delete as applicable] worked over and above the the standard hours mentioned in Clause 1.1 of this Agreement.
2.3 The Family shall pay Nanny each week / bi weekly / bi monthly / monthly [delete as applicable] in arrears.
2.4 Family will make all relevant deductions required by federal and state law from Nanny’s paycheck and provide Nanny with a statement of the same.
2.5 Family will provide the Nanny with the following benefits: [ENTER ANY BENEFITS e.g. Dental Plan, Life Insurance, Gym Membership etc.]
3. HOLIDAYS AND SICKNESS
3.1 Nanny shall receive the following paid federal holidays [ENTER HOLIDAY DAYS E.G. New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day] or where such holiday falls on a weekend, one day in lieu of such holiday.
3.2 Nanny shall in addition be allowed a total of [ENTER NUMBER OF DAYS] days paid vacation or sickness. Any such vacation days shall be agreed in advance by the Parties and with a minimum of [Enter number of days] days notice provided by Nanny to Family. Nanny shall have discretion as to the allocation of paid vacation or sickness benefits.
3.3 Nanny agrees to make best efforts to give Family as much notice as possible of any absence due to illness.
3.4 Nanny agrees and understands Family does not provide medical insurance.
4.1 Nanny agrees to perform the following duties as a requirement of employment [ENTER DETAILED DESCRIPTION OF DUTIES - EXAMPLES FOLLOW]:
Ensure safety of the child at all times.
Assist child in bathing, dressing, changing diapers, brushing teeth.
Prepare meals for child; clean up kitchen and dining table when completed.
Create and supervise activities
Transport child to activities and events.
Keep the child’s bedroom and play area clean and organized
4.2 Family may without invalidating this Agreement, suggest alterations to the responsibilities within the general scope of the Agreement consisting of additions, deletions, or other revisions to be agreed upon by the Parties, such alterations not to be unreasonably refused by Nanny.
5. ADDITIONAL CONSIDERATIONS
5.1 Family believes in certain parenting procedures and philosophies as follows: [ENTER ANY RESTRICTIONS - EXAMPLES]
Child should not be allowed any sugary meals or drinks
Child must where possible be put to bed by 9 p.m.
Child must not be allowed to watch more than 1 hour of television daily.
5.2 Nanny agrees to make best efforts to abide by the guidelines in Clause 5.1
6. NANNY’S ADDITIONAL OBLIGATIONS
6.1 Nanny shall not:
smoke anywhere in the home or at any time Nanny is on duty or with the Family or child;
consume any alcohol whilst on duty;
use the Family’s phone for any long distance calls or personal calls over [Enter duration]
allow any guests in the Family’s home or to accompany them at any time when with the child unless the express prior consent of the Family has been obtained.
[ENTER ANY FURTHER RESTRICTIONS]
6.2 Nanny agrees to maintain any applicable valid credentials for providing child care according to federal and state law. Nanny will provide proof of credentials at the request of the Family.
6.3 Nanny hereby certifies that Nanny does not use illegal drugs and understands that such use is cause for immediate termination.
7. PROGRESS MEETINGS
7.1. Parties agree to conduct a meeting on a daily / weekly / monthly [delete as applicable] to discuss any queries or concerns either Party may have and to discuss the general welfare of the child.
8.1 Nanny understands and agrees that any and all private information obtained about Family during the course of employment that the Family would reasonably deem to be confidential including but not limited to medical, financial, legal and private family occurrences are strictly confidential and may not be disclosed to any third party for any reason. The obligations of the Nanny under this clause survive termination of this Agreement.
9. TERMINATION OF EMPLOYMENT.
9.1 Both Parties may terminate this agreement without cause by providing the other party with [Enter number] days / weeks [delete as applicable] notice, or pay in lieu of such notice except when such termination is for cause.
9.2. The employment of the Nanny may be terminated by the Family for cause, and for the purposes of this Agreement, "cause" shall include but not be limited to:
Allowing the child’s safety to be compromised
a material breach of the Nanny’s duties or responsibilities hereunder provided however that such breach shall not include any act or omission believed by the Nanny in good faith to have been in or not opposed to the best interests of the Family or Child.
any act or acts of dishonesty on the part of the Nanny including but not limited to stealing
any breach of confidentiality
Smoking, consumption of alcohol or use of drugs while on duty
[ENTER ANY OTHER MATERIAL BREACHES YOU MAY WISH TO INCLUDE]
10.1 Entire Agreement. This Agreement contains the whole agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions between the parties and there are no representations, warranties, covenants, conditions or other terms other than expressly contained in this Agreement.
10.2 Amendment and Waiver No amendment to this Agreement will be valid or binding unless set forth in writing and duly executed by all the Parties. No waiver of any breach of any term or provision of this Agreement will be effective or binding unless made in writing and signed by the Party purporting to give the same, and unless otherwise provided, will be limited to the specific breach waived.
10.3 Governing Law. The provisions of this Agreement shall be governed by and interpreted in accordance with the laws of the county of [Enter County] and the State of California.
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.
Nanny Name Nanny Signature
Parent Name Parent Signature
[ENTER HOURS E.G. 9 AM - 3 P.M.]
This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.