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Nanny Contract Helpful Tips

1. Basic employment information

Start Date and Location

Clearly state the date the employment begins and the worksite address.

Parties Involved

Include the legal names, addresses, and contact information for both the employing family and the nanny.

Number of Children and their Information

List the number of children under the nanny's care and their legal names.

Employment Term

Specify the employment period, whether it has a set conclusion date or is open-ended.

2. Work schedule

Hours and Days

Define the nanny's work schedule, including specific start and end times for each day of the week.

Total Weekly Hours

State the total number of hours the nanny is expected to work per week.

Overtime

Clearly outline how and when overtime will be paid, adhering to federal and state regulations, which often require time-and-a-half for hours worked over 40 in a seven-day workweek.

Flexibility & Overnights

Address expectations for working outside regular hours, such as overnights or weekends if parents are away.

3. Compensation and benefits

Wages

State the nanny's gross hourly rate of pay and overtime rate. If a total weekly compensation is preferred, specify that based on the standard workweek.

Payment Schedule & Method

Define how frequently the nanny will be paid (e.g., weekly, bi-weekly) and the payment method (e.g., direct deposit, check).

Taxes and Withholding

Indicate that taxes will be withheld and that the family will be responsible for providing a W-2 at year-end. Specify that the nanny's share of FICA taxes (Social Security and Medicare) will be withheld from their pay. While withholding income tax is optional, it's recommended to prevent the nanny from facing a large tax burden at year-end.

Paid Time Off (PTO)

Clearly outline vacation time (e.g., two weeks per year), sick leave, and paid holidays. Specify whether the family or the nanny chooses the vacation dates and any stipulations for using these benefits. For example, a clause regarding sick leave accrual and usage can be included.

Health Benefits

Detail any health benefits provided, including health insurance, a health reimbursement account, or a stipend for health care costs.

Additional Benefits

Include any other agreed-upon benefits, such as a cell phone stipend, transportation/parking reimbursements, gym memberships, dental cleanings, or contributions to a retirement plan.

Reimbursements

Specify if and how mileage driven for work or other job-related expenses will be reimbursed.

Room and Board

If the nanny is live-in, outline the specifics of living quarters, including meal arrangements, privacy considerations, and any included amenities (e.g., separate telephone line, food stipend, appliances).

4. Job responsibilities

Childcare Duties

Detail the nanny's childcare responsibilities, including a meal and nap schedule, specific activities, and the nanny's primary role in caring for the children.

Additional Duties

Specify any duties beyond childcare, such as light housekeeping, preparing meals for the children, running errands, caring for pets, or doing laundry.

5. Confidentiality clause

Privacy Protection

Include a clause ensuring the confidentiality of the family's personal information, including financial details, family affairs, location or schedule, or any information gained during employment.  The clause should also explicitly prohibit sharing information or photos on social media without explicit consent.

6. House rules

Household Guidelines

Detail any specific household guidelines or rules the nanny is expected to follow.

7. Transportation

Driving Responsibilities

If the nanny will be driving the children, include clauses addressing driving responsibilities, proof of a valid driver's license, and insurance requirements.

8. Nanny cameras

Camera Usage

If nanny cameras are used in the home, a clause acknowledging their presence and usage can be included for clarity.

9. Performance reviews

Review Process

Specify whether performance reviews will be conducted and how frequently.

10. Termination policy

Termination Procedures

Outline the procedures for termination by either party, including required notice periods, except in cases of immediate termination for cause.

Grounds for Immediate Termination

List specific grounds for immediate termination without notice, such as compromising a child's safety, consistent non-performance of duties, dishonesty, theft, or misuse of property.

11. Amending the contract

Modification Clause

Include a clause detailing how the contract can be amended or modified, emphasizing the need for written agreement and signatures from both parties.

12. Legal considerations

Legal Compliance

Ensure the contract complies with all applicable federal, state, and local labor laws, including minimum wage, overtime, and domestic worker rights. Consulting with a legal expert, such as Rocket Lawyer, can help ensure legal compliance.

This structured approach, including robust benefit provisions, ensures a clear and professional working relationship between the family and nanny. Remember to customize the template to fit your specific needs and situation