Congrats! You’ve found an amazing nanny or family to work with and are excited to get started, but there’s one thing standing in your way — the contract. The purpose of a caregiver contract is to establish each person’s role in this work relationship. Below is an EXTENSIVE sample contract I’ve created to guide you as you create one with your nanny, but feel free to make it your own as you must determine what works best for your family. Note that the sample below is a very flexible agreement in regards to scheduling. After you’ve completed your contract, make sure to have your nanny review it before you both sign in case there are any discrepancies regarding responsibilities, payment, etc.
Family X Childcare Agreement With Nanny Z
Effective Date: Full-Time/Part-Time care to begin _________
Full-Time/Part-Time Salary: $___ per work week or $___ per work day Both salaries are included in case your nanny takes a sick/personal day and needs to be compensated for such.
Schedule: Full/Part-time Schedule: ___ # of hrs per week. The full/part-time schedule may vary as the Parents’ and Childs’ needs change. Parents will endeavor to stick to the full/part-time schedule whenever possible and will notify the Caregiver of any change as soon as practicable. Unless discussed and agreed upon in advance, each day will begin at ___ am/pm and end at ___am/pm.
Overtime Schedule: Hours worked in excess of the full/part-time schedule will be paid at a rate of $___ per hour.
Overnight Schedule: If Caregiver is required to spend the night at the Parent’s home, Caregiver will receive $___ in addition to the daily amount of $___. The additional amount will be in lieu of any overtime that would have been otherwise earned during that day.
Weekend Schedule (If not part of normal schedule): Hours worked on a weekend day will be at a rate of $__ per hour. However, if the Caregiver is required to spend the night at Parent’s home, the overnight schedule rate (per above) will be paid.
Travel Schedule: If Caregiver is required to travel overnight for the Child, Caregiver will receive $___ in addition to the daily pro-rated amount of $___. The additional amount will be in lieu of any overtime that would have been otherwise earned during that day.
Benefits: Paid Holidays : New Years Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Parent and Caregiver acknowledge that there may be circumstances (e.g. Parent is required to work) when the Caregiver will be asked to work during any of the above holidays. If such a circumstance arises, Parents will provide Caregiver with an additional day(s) off of work at a later date(s), selected by the Caregiver. In addition, Parent and Caregiver acknowledge that the Caregiver will be paid for any regularly scheduled day during which Caregiver is explicitly not required by the Parent to work.
Paid Vacation: ___ Week(s) (___ scheduled days per calendar year). Note: Vacation time varies depending on Full/Part-time schedule. Typically, a Caregiver with a full-time schedule will be allowed 2 weeks or 10 scheduled days per calendar year. In this case, One week is determined by the Parent and one week is determined by the Caregiver. The one week vacation time determined by Caregiver will accrue after the first six months of care. Parent and Caregiver acknowledge that one month notice is required to schedule a vacation. A Caregiver with a long-term part-time arrangement is typically allowed one week or 5 scheduled days per calendar year. In this case, the one week is determined by Parent. Parents acknowledge that one month notice is required to schedule a vacation out of consideration for Caregiver.
Paid Personal and Sick Days: Five days total per calendar year. Caregiver will use best efforts to give Parent advanced notice. When possible, notice for personal days should be given one week in advance. Notice for sick days should be given as soon as practicable. Days beyond the five personal and sick days will not be paid by the Parent.
Transportation: (OPTIONAL, but customary): Parent will cover cost for metro card for Caregiver or provide a metro card for days worked.
Job Description:
Caregiver will provide constant care and supervision for the Child in a nurturing, loving, safe and educational environment. Duties will be, but not limited to:
– Daily Log (Optional) Keep a journal of the Child’s day including feeding times and foods eaten, nap-times, activities, etc. – Safe Environment Ensure that Child is always in a safe environment and that harmful material and dangerous objects are removed from the Child’s access Advise Parents of potentially harmful areas in household that need childproofing.
– Child Development Provide age appropriate activities for Child’s brain stimulation and physical growth. Such activities will include reading, music, singing, and other educational activities (i.e., playing with toys, shapes, numbers, colors). Accompany Child to various child development classes and, when appropriate, participate in classes with the Child. If Caregiver participation in a particular class is not appropriate, wait for child at the location (unless otherwise discussed with Parent). Advise Parent of classes which Caregiver learns about and which may be of interest to Child. – Schedule Develop and maintain sleeping and eating schedule including proper nap and bath times (as agreed upon with Parents) – Entertainment Take in neighborhood and park (weather permitting) Organize playdates with children of similar age (include details with whom and location of playdates in log) Organize trips to library, classes, museums, etc. – Feeding Prepare Bottles – Formula / Breastmilk (store and defrost in appropriate manner) Cook and prepare meals for the Child. Grocery shop (as required) for ingredients for Child’s meals. Organic and non-processed foods should be purchased to the extent possible. As the Child’s eating habits develop, provide good nutritional balance – limiting sweet treats and encouraging healthy snacks and food. – HouseKeeping Caregiver will be responsible for keeping the apartment in a clean and orderly fashion but is not required to do heavy housekeeping. Caregiver is expressly responsible for: – cleaning and sterilizing bottles, pumping accessories, cups , plates, utensil etc. – folding and putting away all Child’s toys, clothes, accessories by end of each day – making sure no dishes are in sink or on counters (running dishwasher when necessary) – washing all Child’s clothes, blankets, stroller blankets/sheets, burp cloths, toys, sheets, etc on an as needed basis. – wiping down all surfaces Child may touch and countertops – sweeping/vacuuming floor in Child’s play area to ensure cleanliness – cleaning up any mess created by Child or Caregiver – disposing of trash, diaper pail when full, – organizing, maintaining and tidying Child’s closet/drawers – changing crib / bassinet / stroller sheets, blankets – advising parents when additional housekeeping items need to be purchased (i.e diapers, trash bags, detergent) – keeping living area / kitchen tidy on daily basis
Discipline Discipline Child in line with Parents’ philosophies (as needed) to ensure Child is aware her behavior is meeting proper expectations Teach Child to maintain cleanliness and clean up after herself. Child should participate in tidying her toys and play area.
Daily Hygiene Dress Child to ensure that the Child is properly dressed for the activities in which she is engaged, and the weather she is exposed to. Change all wet and soiled diapers to prevent diaper rash Brush Child’s teeth Bathe child (as determined by Parents and Caregiver) Advise Parents when additional hygiene supplies are needed (diapers, wipes, shampoo, etc)
Appointments Take Child or accompany Parent and Child to various medical appointments as determined by Parents
Other Items: Emergency: In case of an Emergency, Caregiver will use best judgement to determine whether Parent, the Pediatrician, 911, poison control or the police should be notified. In any case, the Parent should be notified as soon as practicable.
First Aid: Caregiver will not give any medicine to Child, without express permission from Parent. Caregiver may administer basic first aid for rashes, cuts and bruises and notify the Parent as soon as possible thereafter.
Cell Phone: Caregiver will keep cell phone turned on during working hours and will ensure the phone is adequately charged throughout the day. Caregiver will limit personal phone time to minimum and send Parent(s) an update throughout the day on Child’s wellbeing.
Receipts: Caregiver will save all receipts for purchases made for benefit of the Child. Parent will reimburse Caregiver for any purchases made for the benefit of the Child on a weekly basis.
Food: Caregiver is free to enjoy food in the house.
Late Night Transportation: Taxi fare will be provided from parents’ home to Caregiver’s home after 10:00pm. Receipt will be provided if necessary.
Alcohol and Tobacco: Unless expressly permitted by Parent, Caregiver will abstain from alcohol and tobacco during working hours.
Child Release: Under no circumstance should Child ever be released to anyone other than the Parent and others listed on the emergency contact sheet, without the express consent of the Parent.
Background, Medical and Drug Test: Parent may require Caregiver to undertake a background check, Medical Exam or Drug Test at any time. Parent will cover the cost of these tests.
Confidentiality Agreement: Parent and Caregiver acknowledge that neither party will disclose any private information (e.g. financial and personal details) about the other party, without express consent.
Termination Of Employment: Parent and Caregiver acknowledge care-at-will, whereby either party can terminate care without cause by giving the other party written and verbal notice. Should the Caregiver terminate this agreement, a minimum of 4-weeks notification is required to the family. If the Caregiver’s termination date is prior to the contract’s end date, the caregiver forfeits any remaining salary. Should the Parent terminate this agreement prior to the contract’s end date, the Parent is obligated to continue making fixed weekly payments of ____ through the contract’s end date. The Parent may also choose to give the Caregiver additional severance at their sole discretion if the family terminates employment toward the end of a contract period. (Severance rates are typically one week’s salary per year of service.)
Termination Without Pay: Notwithstanding the above, the Parent may terminate this employment agreement without notice or further pay to the Caregiver in the event of any behavior by the Caregiver that violates the terms of this agreement, including:
Endangering the safety of the child
Inconsistent/non-performance of agreed upon responsibilities
Theft
Dishonesty
Smoking, consuming alcohol, or using illegal drugs while on duty
Persistent tardiness or absenteeism
Unapproved guests in home
Violation of confidentiality clause
Legal: This agreement shall be governed by, and construed in accordance with, the law of the State of New York. The Parent understands that workers are protected by applicable labor laws, regardless of race, gender, immigration status, or age. This contract shall be in force for one year from the date that full-time employment commences (enter date here).
As discussed, open communication is important especially as the job evolves and the Child’s needs change. Both Caregiver and Parents will feel free to communicate and concerns with each other.
The Parents hereby agrees to be fully bound to the terms of this contract:
_____________________________ Parent X _______________ Date
_____________________________ Parent XY ______________ Date
The Caregiver hereby agrees to be fully bound to the terms of this contract:
_____________________________ Nanny Z _______________ Date
Whew! You made it to the end! Obviously this is an extensive contract as I tried to cover all the bases and touch on points applicable to most families, so when creating your own you would put in the points that reflect the needs of your own family and nanny. Here’s to a wonderful start with your new nanny or family!!
What are your thoughts on contracts? Have they proved helpful for you?