Via The Village helps families and nannies thrive! Your nanny work agreements/contracts are the seeds of success. When composed and cultivated properly, the family and nanny will flourish.
Each work agreement is unique and should be negotiated based on the needs of the family and nanny. Composing one can feel overwhelming, but Via The Village will support you.
Sample Nanny Work Agreement
In this document, the nanny or domestic employee will be referred to as “Care Provider”.
Any Previous Names Held:
Emergency Contact Number:
To be provided:
Copy of government identification card
Social Security number or an ITIN
Completed Form I-9 with proper identification
Completed federal W-4 form and corresponding state income tax withholding form (if you live in a state with income taxes)
In this document, the parent(s) or domestic employer will be referred to as “Family”.
DOB of Children:
Father Cell #:
Father Work #:
Mother Cell #:
Mother Work #:
Agreement contingent upon:
Agreement to The Nanny & Nanny Employer Code of Conduct
*Motor vehicle record check
*To be performed at Family expense.
Ensure your nanny candidate has a great track record. Reference checks are crucial and the best way to evaluate a candidate.
Important note: It is far too easy for a candidate to provide fake references. Reference checks performed by an expert are highly recommended as they are experienced with asking the right questions and have fraud protection software to confirm authenticity of reference.
- For a referral to a reference check agency, please contact email@example.com
Background checks need to be comprehensive and multi-county. Instant and inexpensive checks will only provide a false sense of security. Expect to pay $75+.
Important note: If an agency or childcare platform performs a background check for you, be sure to confirm quality!
Hours and days:
Guaranteed number of hours per week:
Specify if the position requires flexibility. One of the common complaints amongst domestic employees is they feel their time is disrespected when their employer shows late to relieve them of duty. Work in a buffer!
It is common for a Family’s number of hours to vary per week, but a minimum number of hours per week should be guaranteed to the Care Provider so there is consistency of income.
Regular hourly rate:
Route of payment and when:
Our Childcare Consultant research and recommend the going rate specific to your location. Other variables that will be factored in are number of children, job duties/responsibilities and the desired experience/education level of Care Provider.
Your Childcare Consultant can help you put together a benefits package based on what matters most to your Childcare Provider. Benefits may include health care, mileage reimbursement, meals, bonuses, etc.
Nanny taxes are very niche. They trip up even many experienced tax professionals and CPAs. We highly recommend you going to a tax expert with specialized experience like our partners- HomeWork Solutions. They are an affiliate so mention Via The Village sent you and you will receive a discount!
Family will provide Care Provider a W-2 by the end of January.
Family will abide by city and state hourly minimum wage requirements.
Family agrees to comply with state and/or federal regulations on overtime pay. Example (state of IL) – if care provided to Child(ren) more than 40 hours per week, Care provider will be compensated 1.5 times the hourly rate.
Performance reviews will be performed annually on or around the employment anniversary date. A cost of living raise of 1-3% increase is guaranteed, but additional raise may be determined by merit.
If Family has another child, the Family will increase rate by 10-15%.
If Care Provider obtains prior approval, Family will reimburse for continuing education and certifications that will enhance job performance.
PAID/UNPAID TIME OFF
Number of paid days off per year:
Time frame that paid days off will accrue:
Number of unpaid days off per year:
Tardiness is defined as more than ____ minutes late. Persistent tardiness defined as tardy more than ___ times per ___ and will be considered during annual review. Tardiness can affect merit raise and persistent tardiness may be grounds for termination.
Your Childcare Consultant can help you describe paid days off, if any unpaid days allowed, how paid time off is accrued and what happens if a day off is needed after it is depleted.
REQUESTS FOR DAYS OFF
Requests for days off should be submitted by:
If Care Provider needs an unforeseen day off for illness or a personal reason, Care Provider should notify family with a minimum of ___ hours notice and will be considered a “call in”. Care Provider should submit call in via ___ (define by text or phone call) to ___ (define to which parent(s)).
Excessive call ins are defined as more than ____ call ins per ____ . Excessive call ins can affect merit raise and/or may be grounds for termination.
Describe how many days in advance the Family would like for the Care Provider to put in a request for time off.
Describe how Care Provider should notify Family if an unforeseen day off is needed for illness or emergency. How many hours in advance is requested?
Important note: It is recommended for the Family to have several backup childcare options in place for such events.
Care Provider may be required to work these holidays:
Paid holidays off:
Unpaid holidays off:
Describe if the Care Provider be required to work any holidays.
Which holidays will be paid? Which will be unpaid?
Examples of commonly recognized holidays: New Year’s Day, MLK Day, President’s Day, Good Friday, Memorial Day, July 4th, Labor Day, Rosh Hashanah, Columbus Day, Veteran’s Day, Thanksgiving, Hanukkah, Christmas Eve, Christmas, New Year’s Eve.
INSURANCE AND WORKMAN’S COMPENSATION
Name of Insurance Provider:
Important note: Most homeowner’s/renter’s insurance policies will not cover injury of a babysitter, nanny, or any type domestic employer without a rider. Not even an occasional care date night sitter will be covered.
Discuss with your Childcare Consultant to learn more and for recommendations on affordable policies.
Family attests that Care Provider is covered by their homeowner’s or renter’s insurance in the event Care Provider is injured on their property, and workman’s compensation is set up.
Family confirms Child(ren) of the Care Provider (if bringing to Family’s home) is covered in the event of injury on their property.
FAMILY TIME OFF
Per guaranteed number of hours per week agreement, Family will compensate Care Provider for the guaranteed number of weekly hours even if care is not needed.
Family has not agreed to a guaranteed number of hours per week, the Care Provider will not be compensated for hours in which the Family does not need care.
Define here if the Care Provider will provide care for the sick Child(ren)
In the event the Child(ren) fall ill, Care Provider will still provide care unless:
Refer to GUARANTEED HOURS and FAMILY TIME OFF section to guide payout rate during Family time off due to illness.
The Family and Care Provider will assess the spaces in which the Child(ren) will be cared for.
All parties understand this will be an ongoing process as different concerns may arise for different Children or with different developmental milestones.
Parties agree to be cognizant, receptive, and accommodating to safety concerns to promote well-being of the Child(ren).
The Family attests there are no firearms in their home.
The Family keeps firearms in a locked safe that cannot be accessed by the Child(ren) located _____.
The Care Provider will call 911 for life-threatening or other severe emergencies.
The Care Provider will call Poison Control if a child ingests or has potentially ingested something that could be harmful. Poison Control: 1-800-222-1222.
Family to be notified as soon as possible of any emergency situations.
Describe permissions (whose vehicle and where) and any mileage reimbursement offered.
Age-appropriate car seats for Child(ren) will be provided by the Family and are to be used at all times.
Obtaining proper car insurance coverage will be the responsibility of the owner of the vehicle being used to transport the Child(ren).
Family has verified Care Provider is covered under “guest driver” or added Care Provider to their policy (if Care Provider will be using Family’s car)
Care Provider verified that the Child(ren) are covered under their policy or add commercial auto policy in order to cover the Child(ren) in the vehicle (if Care Provider is transporting children in their car, “on the clock”- standard auto policy typically does not provide coverage)
Copies of proof of insurance to be provided by owner of vehicle to all parties
In the event of an accident, the deductible will be met by:
No visitors, including family members of the Care Provider other family members of the Family, will be allowed in the house without prior approval from Family.
No other children will be allowed on premises without prior approval of Family.
The Family is responsible for providing the Care Provider with adequate information, guidance, and instruction to enable Care Provider to complete any task that is requested as part of this agreement.
It is the Care Provider’s responsibility to ask for assistance or guidelines in the performance of any activity that may be new, or in any situation for which he or she desires additional information.
Care and nurture of the Child(ren) including:
- Providing satisfactory general care of the Child(ren) is the primary responsibility and more important than cleaning up after the Child(ren). The Care Provider will clean up after the Child(ren) only to the extent that it does not distract him or her from providing satisfactory general care.
- Ensuring the safety and well-being of the Child(ren).
- Preparing and providing meals.
- Administering medication as directed and ONLY as directed.
- Keeping the Child(ren) clean (including diaper changes) and clothed in weather-appropriate clothing.
- Bathing the Child(ren) when requested or when the Child has become so soiled that cleanup with wipes or a washcloth will not suffice.
- Limiting TV and/or electronics time to ___ minutes per day.
- Engaging the Child(ren) in stimulating and educational activities including, but not limited to- outdoor play, reading, singing, playing music, carrying out creative and age-appropriate activities, and participating and supervising the Child(ren) in activities out of the Family’s’ homes, such as walks, playgroups, and library time or other kid-friendly community activities as approved by Families.
- Maintaining sleep schedule of the Child(ren) as directed.
- Cleaning up after the Child(ren) during working hours and directing the Child(ren) to help with age-appropriate pickup.
- Clean up the kitchen of mess made during working hours- including bottles, dishes, and feeding area after preparing and feeding meals; emptying/loading the dishwasher; tidying play areas as needed to ensure dust, small objects, and choking hazards are not within the Child(ren)’s reach; putting away toys and books at the end of the day; sanitizing play areas and diaper changing areas; keeping the Child(ren)’s clothes and belongings tidy; and folding Child(ren)’s laundry when requested.
It is of the highest importance that the Care Provider provides a secure and loving environment for the Child(ren). Tasks related to safety and well-being take precedence over all others.
Will there be any additional responsibilities of home or responsibilities to care for the family as a whole?
Your Childcare Consultant can help you describe things such as:
- Meal prep or cooking.
- Light housekeeping, defined as:
- Clean up of kitchen, messes made during non-working hours.
- Laundry for any Family members or other child(ren) that Care Provider does not typically provide care for.
Important note- Not all Childcare Providers are willing or able to do additional tasks. It is important all of this is discussed in detail to prevent misunderstandings and resentments.
- Be on time for work day.
- Other than appropriate music channels or other appropriate programming approved by the Family, television and phone use for personal use by Care Provider should be limited to naptime except in emergency situations.
- The Care Provider will agree to receive any vaccinations (such as an annual flu vaccine, the H1N1 flu vaccine, TDAP, or any others) or medical tests recommended for caregivers by the Child(ren)’s physicians per the Family’s request. The Care Provider will provide the Family with proof of receiving such vaccines and/or results from such medical tests, and the Family will reimburse the Care Provider for these expenses if not covered by health insurance.
Copies of requested health records provided.
- The Care Provider shall consider this notification that there may be use of a “nanny camera” so the Families can check in on the Child(ren). The Family guarantees the camera will never be placed in bathrooms or private quarters designated to the Care Provider.
- The Care Provider is to keep CPR and First Aid training current and provide copies to Family
- Family will reimburse cost when presented with receipt
Copies of CPR and First Aid certification provided
SMOKING /DRUGS/ ALCOHOL
- The Care Provider agrees never to smoke or consume alcohol or illegal substances while on duty. The Care Provider further agrees to never bring cigarettes, alcohol, or any illegal substance to either of the homes.
- During the course of employment, the Care Provider may see, hear or otherwise become privy to information about the Family. It is understood and agreed that all information relating to the Family, including, but not limited to, financial, medical, household, or career information, is confidential and may not be disclosed to anyone without the written consent of the undersigned parents of the Family. It is also understood that a failure to abide by this agreement may, at the Family’s discretion, result in immediate termination.
- Photos and information are not to be shared on social media without consent from the Family.
- The obligations of the Care Provider under this clause survive termination of this agreement.
CHANGE OF TERMS
- Any change of terms to this agreement, including the number and names of the Child(ren) under the Care Provider’s care, will be documented and agreed upon by all parties.
REVIEWS AND LETTERS OF RECOMMENDATION
Employee engagement and review to be conducted:
- 1 month after start date
- 3 months after start date
Each year, within 14 days of Care Provider’s start date, the Family will provide Care Provider with a written letter of reference that details job performance over the past year.
Within 14 days of conclusion of employment between the Family and Care Provider, the Family will deliver the Care Provider a written letter of reference.
Regular employee engagement and reviews are essential to a long-lasting agreement. Your Childcare Consultant can provide you templates and even send you reminders!
–TERMINATION OF EMPLOYMENT
- Any party to this agreement must give 4 weeks written notice to terminate the agreement, unless the termination is for material breach of the agreement including, but not limited to, circumstances where the Child(ren)’s safety is compromised, failure to report any illness or injury of the Child(ren) (no matter how minor) to the appropriate Family, nonperformance of duties, dishonesty, lying, theft, persistent tardiness or absenteeism, smoking/alcohol/drug use while on duty, or violation of the confidentiality clause. The Family has a 30-day probationary period during which time employment may be terminated for any reason.
- Severance: The Family does not have any policy for payment of severance pay on termination -OR- Severance defined as:
_____________________________________________ Date: ____________
_____________________________________________ Date: ____________
_____________________________________________ Date: ____________
This content and the information it contains is not to be substituted for legal or tax advice. It should be used solely as a general guide and outline. Via The Village does not represent authority or discipline over those who use this content. By using this content, the user hereby agrees to release and hold harmless Via the Village, Inc. from any liability arising under or relating to this “Sample Nanny Work Agreement” whether arising in contract, equity, tort or otherwise.
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