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Nanny-Family Employment Agreement

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Sample Nanny-Family Employment Agreement

Legal Notice: This document is presented to be used solely as an example and guide. By downloading this document user hereby agrees to release and hold harmless ChildCare Background Research Corporation from any liability arising under or relating to this "Sample Nanny-Family Agreement" document whether arising in contract, equity, tort or otherwise.

This contract between the hiring family: (herein known as Family) and the child care provider (herein referred to as Nanny) shall be in force for one year from the date of signature of both parties.

Family and Nanny hereby agree to a one-year employment commitment unless Nanny is terminated for cause. Both parties agree to a give at least four (4) weeks notice before job termination unless Nanny is terminated for cause. Although this agreement outlines the key duties of the Nanny, it is not all-inclusive and from time to time the nanny may be asked to perform additional duties that contribute to the safety and well being of the children.

Work Hours and Dates:

Nanny will provide childcare from Monday through Friday during the hours of A.M. and P.M. Nanny agrees to work a standard time frame of hours per week that shall be referred to hereafter as a standard work-week.

Compensation:

Nanny shall receive a salary of $ per work-week or a gross salary of $ annually. Nanny shall be paid by check bi-monthly. The above compensation calculates to an hourly rate of $ per hour. Nanny shall be paid this hourly rate for all time worked over the standard work-week hours indicated above. Family will pay one-half (1/2) of the Social Security and Medicare tax. Family will pay one hundred percent of the Nanny’s state unemployment insurance. Nanny agrees to a day probationary period during which either party may terminate this employment without penalty.

Job Responsibilities:

Nanny agrees to perform the following checked duties as requirement of her employment:

Put the absolute safety of the children first before all other responsibilities.

Tend to children’s basic needs such as bathing, dressing, changing diapers, brushing teeth, and afternoon naps.

Administer medicine to children as directed by Family.

Prepare meals for children during scheduled hours; clean up kitchen and dining table when completed.

Participate and supervise activities with children, which would include: games, walks, play dates, playground outings and reading to children daily.

Limit television/video and computer games to minutes per day.

Research and plan activities that have substantial child development, social relationship skills and educational value.

Keep a daily Nanny journal with a narrative of the children’s meals, naptime, medication, activities and educational progress.

(All checked items are additional job responsibilities that apply to this agreement)

Keep the children’s bedrooms and play area clean and organized; which includes making the beds, vacuuming carpet, cleaning and disinfecting toys, etc

Clean children’s laundry (clothes and bed linens).

Use Nanny’s automobile to drive children to activities and events. Mileage will be paid to Nanny bi-monthly at a rate of ¢ per mile. Nanny must submit mileage to Family each week. Family will provide children’s car seats.

Use Family automobile to drive children to activities and events.

Grant access to home for service personnel- cable/telephone repairman, pest control, package delivery, housekeeping and maid services, etc.

Meal preparation for Family.

Feed and care for Family pets-daily.

Grocery shopping

Make beds-entire home.

Clean kitchen and empty dishwasher-daily.

Clean interior windows and mirrors: bi-monthly.

Clean, dust and vacuum entire house: bi-monthly.

Clean Family’s laundry-weekly.

Clean Family’s laundry (limited to towels/bed linens only)-weekly.

Run errands- dry-cleaning, bank deposit, grocery store, etc, when necessary.

Vacation/Sick Pay/Holidays:

Nanny shall receive the following paid holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If any of the above holidays occur on a weekend, Nanny will be given the official Federal holiday that is observed. Nanny shall accrue .833 vacation days per month for a total of two weeks paid vacation per week (10 weekdays). Vacation cannot be used until accrued. Nanny agrees to use best efforts to take this vacation time when Family takes their vacation. If Nanny cannot coordinate this vacation schedule, Nanny agrees to give Family at least four (4) weeks notice. In the event that Nanny travels with Family, Nanny shall be paid her regular salary plus over time hours as previously agreed upon by Family and Nanny.

Sick days shall accrue at a rate of .416 days per month for a total of one week (5 weekdays) per year. Nanny agrees to use best efforts to give Family at least twelve (12) hours notice before being absent due to illness. Nanny understands Family does not provide medical insurance. If Nanny takes un-accrued vacation or sick days off, it is at the Family’s discretion to allow the hours to be made up in the future or deducted from the Nanny’s bi-monthly check. Accrued but un-used vacation and sick pay shall be paid at the Nanny’s standard compensation rates at the termination of Nanny’s employment.

Confidentiality:

Nanny understands that any and all private information obtained about Family during the course of her employment, including but not limited to medical, financial, legal, career and Family’s assets are strictly confidential and may not be disclosed to any third party for any reason.

General:

Nanny understands Family has a smoke free home and that smoking by Nanny or Nanny’s guests is never permitted in the home. Nanny agrees never to smoke while providing childcare to Family’s children even on walks, trips to playground, outside activities or field trips. All guests must be pre-approved by Family before being allowed entrance into Family’s home. Alcohol consumption is never permitted while Nanny is on duty. Nanny hereby certifies that Nanny does not use illegal drugs and understands that such use is cause for immediate termination. Nanny is allowed to use home phone for local and long distance calls. Nanny agrees to limit personal calls to 15 minutes or less. Nanny agrees to reimburse Family for all long distance charges. If Nanny does not have valid CPR and (Infant) First Aid certification, Nanny agrees to complete these courses within days of signature of this agreement.

Termination:

The following are grounds for immediate termination with cause:

A. Allowing the children’s safety to be compromised.

B. Inconsistent or non performance of agreed upon job responsibilities

C. Dishonesty or lying to Family

D. Stealing

E. Misuse of Family automobile

F. Breach of confidentiality clause

G. Persistent tardiness of more than 15 minutes without valid reason.

H. Unapproved guests.

I. Smoking or consumption of alcohol while on duty.

J. Illegal drug use.

Family hereby agrees to be fully bound to the terms of this contract.

Family Signature:

Date:

Nanny hereby agrees to be fully bound to the terms of this contract.

Nanny Signature:

Date:

Enter text✕

What the Nanny-Family Employment Agreement Is and When It Applies

A Nanny-Family Employment Agreement is a written contract between a household (employer) and a nanny (employee or contractor) that documents job duties, work schedule, compensation, benefits, tax treatment, confidentiality, and termination terms. It clarifies expectations for childcare, house rules, time off, payroll handling, and recordkeeping so both parties understand legal and financial obligations before work begins. A clear agreement reduces dispute risk, supports accurate payroll and tax reporting, and creates a reference for routine matters such as overtime, sick leave, and background checks.

Why a Written Agreement Matters for Households and Caregivers

A written Nanny-Family Employment Agreement reduces ambiguity about pay, hours, and responsibilities; it supports correct tax classification and payroll withholding; and it documents mutual expectations for a stable working relationship.

Why a Written Agreement Matters for Households and Caregivers

Who Typically Uses This Agreement

Use this agreement whenever pay, hours, benefits, or employer tax obligations need documentation to reduce legal and financial risk.

  • Private households hiring part-time or full-time childcare who need payroll and tax clarity
  • Nanny agencies and placement services arranging employment terms between families and caregivers
  • Independent nannies seeking written documentation of duties, schedule, and benefits

Step-by-Step: How to Complete the Agreement

Follow these sequential steps to create, review, sign, and retain a legally usable agreement.

  • 01
    Draft Terms: Define duties, hours, pay, benefits, and termination conditions.
  • 02
    Verify Identity: Collect government ID and complete Form I-9 within required timeframe.
  • 03
    Review Tax Status: Decide W-2 versus 1099 and prepare payroll setup accordingly.
  • 04
    Sign and Archive: Both parties sign electronically or on paper; keep a dated copy.

Essential Elements to Include in a Professional Agreement

A complete agreement addresses operational, financial, and legal topics so both employer and nanny have a clear reference for expectations and compliance.

Parties

Identify employer and nanny by full legal name, address, and contact information; specify whether the household or an agency is the contracting party.

Term and Hours

State start date, expected duration, regular schedule, on-call hours, and policies for early termination and notice periods.

Compensation

Specify hourly or salary rate, pay period, overtime calculation, paid time off, and reimbursement for expenses like mileage or supplies.

Duties and Scope

Describe childcare responsibilities, household tasks, transportation duties, and any limits on caregiving or medical tasks.

Taxes and Withholding

Document worker classification, employer payroll responsibilities, frequency of tax withholding, and whether employer will file W-2s.

Confidentiality & Safety

Include confidentiality provisions for household information and safety protocols for children, along with background-check consent.

Required Information and Data Points

Employer Details: Name, address, phone
Employee Details: Full name, DOB, contact
Tax ID: SSN or TIN (masked)
Compensation Terms: Rate, pay period
Schedule: Days, hours, overtime
Background Consent: Signed authorization

Penalties and Risks from Incomplete or Incorrect Agreements

Misclassification: Back taxes, penalties
I-9 Violations: Fines; see 8 CFR §274a.2
Wage Claims: Unpaid overtime liability
Information Breach: Privacy and trust risks
No Written Terms: Dispute and enforcement issues
Tax Filing Errors: IRC §6721 penalties possible

Common Drafting Mistakes to Avoid

  • Vague scheduling or on-call language that fails to define start/end times, leading to unpaid overtime disputes and confusion about hours worked.
  • Omitting tax classification or payroll arrangements; unclear statements increase risk of IRS reclassification, back wages, and employer tax liabilities.
  • Failing to require background checks or references which increases safety and liability exposure when caregivers handle children and private household access.
  • Using informal or inconsistent termination language without notice provisions or severance terms, creating uncertainty and potential wrongful-termination claims.

Where to File, Send, and Store the Signed Agreement

After signing, distribute copies to payroll, the nanny, and household records; retain according to tax and employment recordkeeping rules.

  • Employer Copy: Keep signed PDF in payroll records.
  • Employee Copy: Provide dated copy to the nanny.
  • Payroll: Archive for tax reporting and audits.
  • Background Files: Store authorization and results securely.

How to Configure an Online Completion Workflow

Set up fields, signer order, authentication, and storage before sending the document for signatures.

Field | Configuration Label | Value
Signer Order Employer then nanny
Authentication Email link; optional SMS code
Required Fields Signature, date, SSN (masked)
Storage Mode PDF/A archived with audit trail

Delivery Options and Technical Requirements

Ensure the chosen provider supports audit trails, export to standard formats, and appropriate compliance (HIPAA BAA if handling health data).

  • Integrations: Salesforce, Google Workspace, NetSuite
  • Supported Formats: PDF, DOCX, HTML
  • Authentication: Email link, SMS, KBA

Key Timing and Filing Deadlines to Keep in Mind

Certain tax and employment filings have strict deadlines; track payroll cycles and year-end reporting to remain compliant.

I-9 Completion:

Within 3 business days of hire (8 CFR §274a.2)

Form W-2:

Employee copy due by Jan 31 each year

Form 1099-NEC:

If contractor, file by Jan 31

Payroll Deposits:

Federal deposit schedule varies by liability amount

Tax Return:

Individual filing typically due April 15

Representative Use Cases for a Nanny-Family Employment Agreement

Two concise, practical scenarios show how families and nannies commonly rely on a written agreement.

Full-Time Household Hire

A family hiring a full-time nanny documents hours, overtime, and paid time off

  • Background check required
  • The agreement reduces payroll confusion, ensures correct I-9 completion, and clarifies notice periods to avoid termination disputes.

Agency Placement

An agency places a part-time nanny and uses the agreement to assign responsibilities and invoicing

  • Agency bills family for services
  • Clear terms define whether the agency or family handles taxes and who controls scheduling and supervision.

Comparison: eSignature Providers for Signing and Managing Agreements

Select a provider that supports secure eSignatures, audit trails, and the compliance options you need; pricing and features vary by vendor and plan.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Common Questions and Practical Answers

These FAQs address classification, signatures, identity verification, and recordkeeping concerns commonly raised when completing a nanny employment agreement.


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