The US Department of Labor Women’s Bureau just released sample work agreements and guidelines. The link below takes you to these resources which can be downloaded and modified.
Many nannies and families are reluctant to have a work agreement (or employment contract). After all, we all hate paperwork and if you have a good relationship, you are understandably hesitant to rock the boat. Also, many are afraid of formal contracts, worrying it could limit flexibility.
Taking the time to draft, agree on terms, and sign a work agreement can protect both parties. Even more importantly, it can ensure everyone has the same expectations. Confusion between a family and nanny is reduced when everyone is clear on the responsibilities. A too-informal work arrangement can cause confusion whereby, a well-written agreement can provide clarity and make disputes easier to solve amicably. Setting expectations and guidelines at the beginning of a working relationship will create a foundation for success.
What is a Nanny Work Agreement?
A work agreement is simply a written document that specifies the relationship between an employee and an employer including expectations and compensation. While it can be beneficial, you are not required to use a lawyer to write and review a work agreement. You can create a document that when signed by both parties, it is a legal contract. The employer made an offer that was accepted by the employee. Of course, the agreement can range from an outline to several pages. The most important thing to remember is to be clear about what is expected and how much the position pays as well as the hours. This emphasizes the essential elements to the arrangement. It will ensure the nanny earns compensation for overtime.
Components of a Nanny Work Agreement
Work agreements should always include some basic information. First, the names of the child care provider and the family as well as their addresses and an emergency contact in case the parents cannot be reached. The agreement can start with the job description including the days that will be worked and number of children. Take time to list out all job responsibilities and specific duties. For example, is the job solely about child care or will there be household or pet care duties? Next, ensure the pay rate including any benefits, expense reimbursement and vacation or sick days are included.
Most work agreements include a confidentiality clause or a non-disclosure agreement (NDA) to protect the family’s privacy. The exact wording may vary for each family and/or state but the intent is that all information the nanny knows or sees is confidential. The agreement is that the nanny will not disclose any confidential information to anyone. This protects the family from the nanny posting photos of the children on social media, sharing private information with their friends, or discussing private family details publicly.
The work agreement should also cover the house rules for the children. If children are allowed electronics, what content is approved? Video games, online web browsing, and television all have content that may not be age-appropriate for a child. Finally, document any special considerations or needs. Is the child on a special diet or are their behavioral considerations that need attention?
Make sure the work agreement addresses any special circumstances in your home. For example, if a parent works from home and has information that could be considered private or confidential, a privacy policy may be needed in the event the nanny overhears information while performing her duties in the home.
Download Free Nanny Work Agreement Examples
As every family is unique and each position may have different responsibilities, work agreements protect both families and nannies by clearly communicating expectations and helping to structure a conversation about the job. You can download free nanny work agreement examples including a special version for live-in nannies. These examples are provided to inform parents, nannies and lawyers about nanny industry-specific considerations. As each state has its own laws, these examples are not guaranteed to meet any state legal requirements and should be reviewed by a local lawyer. Here are a few tips to include in work agreements so you can get started.
- Full-Time Child Care Providers. Full-time child care comes in many forms including weekly care for young children while parents are at work, summer care when children are out of school, families needing overnight care, and vacation care at a resort. Care may be needed for one or more children making each of these positions unique. The child care requirements will likely involve physical care, academic or activities, and logistics. Additional responsibilities may include light housekeeping, transportation, and/or meal preparation. The agreement should include the compensation (hourly rate), benefits, mileage reimbursement (56¢ per mile in 2021), hours, vacation, and tax management.
- Family Assistants and Live-In Nannies. Family assistants and live-in nannies will have additional considerations including household management and errands, possibly adding pet care, travel with the family, overnight care, and other considerations. The agreement may include a guest policy, require confidentiality, and vaccinations, as well as use of family equipment and amenities such as a car, pool, or recreational areas.
P: Prepare to reasonably negotiate with the nanny remaining focused on the goal to ensure both sides are comfortable with the job requirements and compensation. By evaluating the job responsibilities, skills of the nanny, and wages in the local area, you are ready to thoughtfully discuss wages and benefits.
During the interview, learn about the nanny’s training and certifications as well as previous experience to understand why they may be seeking higher than average pay. Share the results of your research on pay for additional responsibilities such as caring for groups of children or taking on family assistants or household management tasks. Finally, be willing to listen and remember the goal of negotiating is to ensure both you and the nanny are comfortable with the compensation.
Each state has its own laws, and some cities have minimum wage requirements for local workers. Work agreements should have a section dedicated to at-will employment, performance reviews and how departures will be managed.
You can download an example nanny contract that includes all the elements needed to hire a part-time nanny, full-time nanny, live-in nanny, overnight nanny, or a newborn care specialist. The example covers nanny job duties, compensation, benefits including nanny training and so much more. You can download the nanny contract example as Word (.doc), Adobe (.pdf) or .pages file. The file is unlocked so you can modify, edit and delete. The US Nanny Institute is providing this example to educate parents, nannies, lawyers and others about the unique considerations for in-home child care. The US Nanny Institute is not responsible for any edits or modifications. The US Nanny Institute recommends a local lawyer review any contract between parents and nannies to ensure the agreement meets all federal, state and local laws.
Performance and Work Agreement Reviews
The work agreement should include when performance reviews will occur. The purpose of a performance evaluation is to encourage open communication and provide useful feedback about job performance, to facilitate better working relationships, to provide a historical record of performance and to contribute to professional development.
P: In addition to performance reviews, the work agreement should be reviewed and updated at least annually. If the job changes in scope with the birth of a new baby, addition of pet care responsibilities or a change in hours worked, the work agreement should be updated in a timely manner to incorporate these additional responsibilities.
What are Guaranteed Hours?
Guaranteed hours are specific hours that you guarantee that your nanny will be paid for, so the nanny can rely on a consistent paycheck. A guaranteed hours clause applies to circumstances where a family chooses not to use their nanny during her regularly scheduled hours. If you guarantee that your nanny can work 30 hours a week with your family, but sometimes you don’t need the nanny for all of those hours, you still pay the nanny for those hours worked, regardless if the nanny works them or not. The guaranteed hours benefit only kicks in when the nanny is willing and able to work, yet the family for any reason decides that nanny services are not needed. Guaranteed hours do not apply when the nanny is unable or unwilling to work.
Guaranteed hours apply when they are included and defined in a work agreement. Guaranteed hours generally apply when the family is on a vacation that does not include the nanny, when visiting family wants alone time with the children, a parent returns home early and chooses to dismiss the nanny early, and other times when a nanny is schedule and able to work but the family chooses not to have the nanny work.
Guaranteed hours do not apply when the nanny chooses not to work, and the nanny does not have any paid time off available. If your work agreement provides for five (5) sick days and the nanny must take a 6th day off from work, the time off is unpaid. If the nanny asks for additional vacation days having used her allotment, guaranteed hours do not apply, and the additional vacation days are unpaid. The work agreement should clearly define when and how guaranteed hours will be applied.
