Nanny Contract Template – Samples

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Updated November 02, 2022

A nanny contract allows someone else, the “nanny,” to take care of a parent or legal guardian’s children or toddlers in exchange for payment. Depending on the situation, a nanny may be hired as an employee or as a 1099 independent contractor on a part or full-time basis. A nanny is usually paid by the hour including reimbursement for any travel costs.

A nanny contract is commonly an “at-will” arrangement that either parent or nanny may cancel at any time.

Table of Contents

What is a Nanny?

A nanny is a person that is hired to take care of children. A nanny will often be responsible for preparing meals, household duties, and providing everyday care. Depending on the employment situation between the parties, the nanny may either be hired as an employee or independent contractor.

If hired as an employee, the nanny will be paid by the hour ($/hr) including travel expenses (in accordance with IRS Mileage Rates)

Live-in Nanny

A live-in nanny is someone who resides full-time with the family they are supporting. A live-in nanny may not be paid as much per hour as a remote nanny but has the added benefit of not having to pay rent.

Nanny vs Babysitter

The main difference is a nanny is expected to provide everyday care for the children while a babysitter is just a “stand-in” for a period of time and is not expected to prepare meals, provide housekeeping duties, or do any other labor besides supervision.

Sample Nanny Contracts (3)

The following samples may be used as a guide when creating a nanny contract.

Sample 1

Download: Adobe PDF

Sample 2

Download: Adobe PDF

Sample 3

Download: Adobe PDF, MS Word (.docx)

How to Hire a Nanny

Finding a trusted person to look after your children is not an easy decision. Letting go and giving complete control to someone else has led many parents to even installing cameras in to keep an extra close eye. Hopefully, with the resources put forth below, a decision can be made on a trusted person to look after loved ones.

Step 1 – Finding a Nanny

care.com homepage

The best resource is to look to your family and friends to see if there is anyone that can take care of the children. A family member will have natural care for the children due to being related and, in most cases, works as the best solution. If a family member is not available, ask if there is anyone that another family member knows or has used in the past.

Find a Nanny Online

If a nanny cannot be found using a reference from family or friends, the only route is to go online and attempt to find someone. There are only two (2) websites that offer profiles and reviews of nannies:

Step 2 – Interview Process

person interviewing nanny candidate

After selecting potential candidates for the position, it’s best to schedule a time to interview them and view their personality. If everything seems to be going well during the interview, having them interact with the children is a good indicator of how they will work out. It’s important to hire someone with a calm and relaxed demeanor and who will always have their temper under control.

Nanny Application

A nanny application allows the parent to look up and verify that the nanny is who they claim to be. Information contained in the nanny application will allow the parent to also obtain their consent and be able to perform a background check.

Step 3 – Performing a Background Check

person taking notes from applicant's background check

After obtaining consent, a background check may be conducted in addition to contacting past employers or any other references listed on the nanny application. This is the last security measure the parent is to take before deciding whether to hire the nanny. Any references should be spoken to on the phone and the criminal background check must be conducted online.

Criminal Background Check Services

No matter which service is selected it’s best to always choose to perform a nationwide search.

Step 4 – Negotiating the Nanny’s Pay

person and nanny sitting on couch negotiating salary

The nanny’s pay is decided by the local area’s cost of living and available nanny positions. For example, a nanny in New York or San Francisco may be more expensive than in northern Maine due to employment opportunities.

How Much Does a Nanny Cost?

A nanny will likely demand more than the average rate if they have more experience. As a matter of fact, according to a 2017 INA Salary and Benefits Survey nannies are paid by the hour in accordance with the following table below:

hourly rate by years experience graph

(source: Page 33 – 2017 INA Salary and Benefits Survey)

Step 5 – Writing the Nanny Contract

person writing contract on laptop

After the nanny has met the approval of the parents, it’s time to write the nanny contract. The document should include the following:

  • Nanny’s Schedule
  • Maximum Hours per Week
  • Duties
  • Forbidden Acts
  • Pay
  • Benefits
  • Transportation
  • Termination

Step 6 – Setting up Payment and Taxes

person taking out nanny agreement from manila envelope

After the agreement has been written and it’s time to begin paying the nanny and getting tax matters taken care of. For payment, if ACH is preferred the nanny will need to complete the Direct Deposit Authorization Form.

The nanny will be required to complete one (1) of the following IRS forms:

After completing the nanny will need to give to the hirer for their records. At this time the nanny has been successfully hired.

Nanny Cams

Nanny cams are used by parents who simply want to keep an eye on their children at all times. This does not mean necessarily that the parent doesn’t trust the nanny, but that they would like to keep a careful watch on their care. It’s an inexpensive option with each camera costing between $15-$30 and is usually connected to the home’s wifi system and allows the parent to watch their child on a mobile device.

Related Agreements

Babysitting Agreement – For a one-time or scheduled babysitter seeking to take care of children for a temporary period.

Caregiver Agreement – To hire someone else to look after and take of an elderly person.

(Video) Nanny Contract – EXPLAINED

How to Write a Nanny Contract

Download: Adobe PDF, Microsoft Word (.docx), Open Document Text (.odt)

1 – Acquire The Agreement Necessary To Solidify A Nannying Job

The agreement displayed in the document photo on this page is accessible as one of two types of files; Adobe PDF and Microsoft Word. Notice that two buttons, each with a file type label, are on display with the document image. Obtain your preferred file version utilizing these buttons.

2 – Name The Contract Date, The Employer, And The Nanny

The first statement of this paperwork will serve to tie in the agreement being completed with the two Signature Parties who will enter it. This will require only some basic information starting with the calendar date this agreement will be set to. Record this as a two-digit day, month, and year on the first, second, and third empty lines of the “I. Parties” statement.      Next, the Employer intending to hire the Nanny using this paperwork will have a separate area where his or her identity and contact information must be on display. Find the bold word “Employer” then input the full name of the person or entity hiring the Nanny on the blank space attached to it. Continue this statement by furnishing the Employer’s mailing address’s building number/street, PO. Box, etc. to the second available line, the city for this address to the third space, and its state to the fourth state.         After identifying the Employer, you must attach the Nanny’s information as well. To this end, find the first line attached to the bold label “Nanny” then enter the full name of the person who will work for the Employer above according to the terms we will define later. Additionally, the Nanny’s address should be documented in this area. Produce its street address, city, and state through the next three empty lines.           In the second item of this contract, we shall delve further into when the statements of this agreement shall apply to both these parties. The first two empty spaces (in “II. Term”) require the first calendar date of work for the Nanny. This presentation will need to be produced as a month and two-digit day on the first line and the corresponding year on the second line.     The second part of this article will include two statements where a choice will need to be made. You must check the box corresponding to the sentence that will describe exactly how both parties wish this job to terminate in a positive manner. If a specific calendar date may be determined and set as the exact date this working relationship ends if you mark the first checkbox in this section (this will require you present this date). However, if both parties prefer this agreement remain valid until either Employer or Nanny wishes to terminate it then mark the second box and report the number of days the terminating Party must give the remaining one on the blank line between the words “…Give Notice Of” and “Days To The…” In the example provided, we have elected a specific date of termination for this contract.                  

 

3 – Document Each Child And The Nanny Duties Required

The documentation provided here must include the identity of each Child the Employer is hiring the Nanny to care for. Two columns in the section labeled as “III. Children” are available for you to enter the full name of each concerned Child on a unique “Name” line and the “Date OF Birth” of that Child onto the adjacent line.    Now, in the fourth article “IV. Responsibilities,” you must provide a solid description of any duties the Nanny must perform in addition to the “…General Everyday Care Of The Children…” on the blank line provided.     The schedule when the Nanny must work will have a separate item so it may be documented in an easy to read manner for the future. Locate the article label “V. Weekly Schedule” then enter the predetermined number of hours making up the workweek that the Employer and Nanny have agreed to. This is will be precisely how many hours the Nanny must fulfill the obligations of this contract every week until its termination.                      Notice that below the fifth item statement is three columns. The first will need you to check off each day of the week that the Nanny must work.   After you have indicated which day(s) the Nanny must work locate the corresponding “Start’ area on the same line of the chosen day then fill in the starting time for that day’s work shift making sure to check off whether this time is in the morning or the evening by checking the “AM” or “PM” box.     You will need to also indicate the “End” of the workday by recording the time when the Nanny’s work shift is completed for the day (you must also check the “AM” or “PM” box to indicate if the shift ends in the morning or night time.     

 

4 – Define The Level Of Nanny Service Needed And The Compensation

In the sixth article, we will seek to begin a more comprehensive report of what is required of the Nanny. First, place the exact address of work where each shift above is located on the blank line in “VI. Location.” If there is a different address for a specific day, it must be recorded here.                  In “VII Nanny Type” two statements must be reviewed then one chosen by marking the corresponding checkbox. If the Nanny will be working remotely and that the Employer will not provide any housing during the term of employment, then mark the “Working Remotely” statement. Otherwise, if he or she will be provided housing by the Employer during this contract, mark the “Living In The Residence” statement and indicate if the Nanny will be given a “Bed” or “Bedroom” by checking the appropriate box. For our purpose, we will assume the Nanny will be given a bedroom for the duration of this contract.    Naturally, the Nanny will expect some payment for the child care that will be provided. Thus, use the “VIII. Compensation” to document how much per hour the Nanny will be paid during a normal shift on the first blank line and the dollar amount that will be paid per hour when working overtime on the second blank line.         A few additional details will be needed for this article. Find part “A.) Occurrence,” then indicate if the Nanny will be paid “Weekly,” “Bi-Weekly,” “Monthly” or some “Other” means by checking the corresponding checkbox. Note that if you have chosen “Other,” you must use the blank line next to this choice to give a specific definition to the frequency of the Nanny’s pay.  Below, as a demonstration, the Employer will be obligated to pay the Nanny once a month for the child care he or she has provided.             The next part of this article, “B.) Payment Method,” expect you to select the box labeled “ACH (Direct Deposit),” “Check,” “Cash” or “Other.” Your choice will indicate how the payment defined in this article will be submitted to the Nanny.

 

5 – Discuss Employer-Provided Amenities and Benefits

The ninth article, “IX. Transportation,” is where we must document the level of financial responsibility the Employer will bear for the Nanny’s transportation of the child when it is required. Four choices are presented to choose from here thus, mark the box labeled “Provide A Vehicle To The Nanny,” “Reimburse The Nanny Their Transportation…,” or “Not Provide Reimbursement” If none of these are an accurate description of the Employer’s role regarding the Nanny’s transportation costs then, mark the box labeled “Other” then explain what transportation costs the Employer will cover on the blank line provided.      The next item requiring some definition is titled “X. Other benefits” and allows for multiple selections to be made. You may select as many of these defined benefits that the Employer intends to provide through this agreement as appropriate or none. Each selection is attached to a blank line where you must further define the benefit (by policy, program name, amount, etc.). Several can be documented through this section “Health Insurance,” “Pubic Transportation,” “Parking,” “College Tuition,” and “Mobile Phone.”              This agreement requires we indicate the way the Employer and Nanny wish to handle the Nanny’s days off. First, mark either the “Paid” or “Unpaid” box in the “XI. Time-Off” article to document whether the Employer will continue to compensate the Nanny even when he or she is not working. If the Nanny is allowed “Sick Leave” then mark the first checkbox and record how many sick “Days Per Year” are allowed the Nanny.   Mark the second checkbox to indicate if the Nanny is afforded time off for “Vacation.” If so, then you must also record how many vacation days per year the Nanny may take.  If any “Other” time off will be given to the Nanny then you must mark the final checkbox in this article, describe the time off on the blank line first blank line provided, and the number of days allowed for this type of time off on the second blank line in this choice.                                  In most, if not all, employee contracts the subject of which holiday(s) the Nanny is not required to work will be addressed. First, mark either the “Paid” box or “Unpaid” box in the next item, “XII. Holidays,” to solidify whether the Employer will compensate Nanny for a holiday when he or she is not working. Then, mark the boxes in the list provided to indicate which holiday(s) the Nanny may have a day off on.                           The thirteenth article, “XIII. Employment Relationship” will want to clearly define the tax status of the Nanny in terms of employment. If the Nanny will be a “W2 Employee” (obligating the Employer to follow tax codes such as withholding Social Security and Medicare taxes), then mark the first checkbox. If the Nanny will be working as a “1099 Independent Contractor” (meaning the Nanny will handle his or her withholdings and tax payments), then mark the second checkbox.       If the Child falls ill or is incapacitated and the Employer is not available, then an “Emergency Contact” will need to be informed and possibly make decisions regarding the Child’s status. Thus, list the “Name” and “Telephone Number” of who the Employer wishes contacted and informed during such an emergency in the sections labeled “XIV. Emergency Contact.”         Article “XV. Governing Law” will need you to furnish the state where this agreement will be enforced and governed. Enter the state jurisdiction on the blank line following the phrase “…State Of”             While this paperwork has been organized to include the items most employment contracts require when a Nanny-Employer relationship should be set in writing, there may be additional special terms not thus far addressed that both parties have agreed to. Use the lines available in “XX. Additional Terms And Conditions” to include any additional agreements the Nanny and Employer wish included in this paperwork. If there no such additional provisions then you may either leave these lines blank or type in the word “None”          This document will only be considered a valid agreement between the Nanny and Employer if both these parties sign it after reviewing and deciding to agree to the completed version. The section labeled “XXI. Entire Agreement” will require the “Nanny’s Signature,” signature “Date,” and printed name supplied by the Nanny.                     Similarly, the Employer must enter this agreement by signing his or her name on the “Employer’s Signature” line, dating this act of signing by entering the current “Date,” and printing his or her name on the “Print Name” line.