How to Write a Nanny Contract

Contracts, or work agreements, are almost always a must for any nanny job. It's not legally required, but it's a really good idea to have one. As an employer, you'll need to know how to write a contract for the nanny you want to hire. Before writing up any contract, you should get an idea of what the nanny is looking for. Also, you'll want to give the nanny an idea of what you are expecting from her. There should be no misunderstanding, and the contract should be completely agreed upon before signing. Here are some guidelines to follow.

Child Care and Household Responsibilities

This should come before anything. Make clear what you expect from the nanny. Do you want her to do the child's laundry? Do you expect her to cook dinner for the family? Do you require her to transport your child to and from school? Do you need her to administer medication to your child while you're gone? All of these responsibilities should be agreed upon, so that the nanny doesn't say "I didn't know I was supposed to do that". If you expect her to complete a bunch of housekeeping duties, then you should offer to pay her a little more for this extra work. You might also want to include rules about TV, nap times, meal times, outside play and discipline methods.

Also, don't assume that your nanny will always be available. She has a life too outside of working in your home. Don't expect her to be available every weekend for evening babysitting, and don't expect her to be able to stay late every single night for 2 weeks straight. Being a nanny can be stressful and tiring, and it's just not possible for her to work that many hours in one day or one week. Be considerate.

Hours and Pay

It should be very clear how much you will pay the nanny. Hourly rates are most common, but there are some nannies who are paid salary. The average hourly rate for full time nannies are between $11-15 per hour, however you may agree on more or less depending on your personal situation. The more kids you have, or the more duties you want her to complete, the more you'll pay. Will you pay her every week, every two weeks? What day of the week will you pay her? Will taxes be taken out of her pay, or will she be required to file her own taxes? What happens if you go on vacation and she is out of work? Keep in mind that this is a job, and your nanny probably can't go 2 weeks without pay. Also, will you award raises for good performance? If so, how much?

Next, you want to address how many hours the nanny will be required to work each week. This is also good for the nanny, because she will rely on the hours you give her. If you write in the contract that 40 hours is guaranteed, then you can't turn around and give her 20 hours one week and expect her to be okay with that, unless you are compensating her for the lost hours. You can either set a specific time, such as 7 am to 4 pm, or you can say "hours will be flexible each day". Either way, be sure to include a guaranteed number of hours each week. 40 is average. Anything over 40 hours, or 8 hours each day, should be considered overtime, and paid as such. Overtime pay can either be time and half on top of her normal pay, or you can just pay cash. This needs to be agreed upon by both you and the nanny, so that there is no misunderstanding.

Benefits and Time Off

Most jobs include benefits for their employees, so a nanny job shouldn't be any different. Some sort of benefits should be offered to the nanny on top of her hourly pay, such as paid vacation, 401k, health insurance, paid holidays, etc. Even if she doesn't accept the benefits from you, it's still nice to offer anyway. Or, you could add special benefits to the job, such as use of the family car while on the job. If you require her to drive her own car, you should offer to reimburse her for gas or help pay for her insurance. You should also decide on a number of paid sick days offered to the nanny each year. Since she will be around your kids and family all the time, it's possible she could pick up any germs or illnesses they have. You won't want to have her work if she is ill, therefore, at least 3-5 paid sick days per year should be offered and included in the contract.

Decide on a way for the nanny to let you know if she needs any days off. Have a time requirement for requesting days off, such as a 2 weeks notice. You might even want to develop a rule about calling off as well, such as the nanny needs to call at least 2 hours before she is scheduled to work. It's a smart idea to develop a rule about excessive calling off too.

Other Information

Although it doesn't need to be included in the contract, you should discuss other important information with the nanny. Ask yourself these questions. Who can the nanny call if there was an emergency? Do you have an escape plan in case of a fire? What allergies should the nanny know about? Is smoking allowed in the home? Should the nanny be allowed visitors at any time? Is it okay if the nanny uses our phone for personal calls? Who can the nanny release my child to (grandma, aunt, neighbor, etc)?

Another important topic to consider is hiring your nanny for a minimum commitment, such as 1 year or 3 years. This ensures that your nanny can't bail out on you before that time is up. If you choose not to have a commitment, make sure you state in the contract that you require some kind of notice if your nanny decides to quit. 2 weeks is usually good enough.

Privacy is important. Some kind of confidentiality clause should be included in the contract. A nanny's close relationship with your family can make it possible for her to overhear or come across private details that you wouldn't want shared outside of your home. Be sure that she is respectful of your privacy.

Also, if you have a security system, you might want to consider showing the nanny how to arm and disarm your home. It might take a while before you do this, because giving your code to someone else can be tough, but it's important that she knows.

For any huge changes in the contract, such as the birth of a new baby, you should write up a new contract, and resign it.

Contracts don't have to be difficult and overwhelming, but they should be detailed. It's better that there are details rather than misunderstandings between you and the nanny. At first, it may be hard to enforce the contract, but you have to do it. After all, you are paying and trusting this person. Eventually, it will get easier. Contracts are the best way to build a solid, trusting relationship between you and your nanny.