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Nanny Agreement

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Nanny Child Care Agreement with Probationary Period

Agreement made on the , between of , referred to herein as Parents, and , of , referred to herein as Nanny.

For and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Purpose of Agreement

This purpose of this Agreement is to define and mutually agree upon the terms, provisions, and conditions for the care of the following children: (Names of Children)

2. Probationary Period

Upon employment, there will be a trial period of two months for both Parents and Nanny to ensure compatibility. This trial period does not guarantee employment for a full two months. Either party has the right to terminate the trial period at any time with or without cause.

3. Beginning Date

Nanny will begin her duties as set forth herein on

4. Primary Location

The location where Nanny will perform the services set forth herein will primarily be at .

5. Scheduled Work Hours

Nanny’s work hours shall be from a.m. to p.m., Monday through Sunday (optional: with Sunday’s schedule to be from a.m. to p.m. every other week). This schedule may vary. Nanny will be informed of any change of schedule with as much advance notice as possible.

6. Pay Amount and Payment Schedule

Nanny shall be paid $ /week due each Friday unless a holiday falls on Friday. If a holiday falls on Friday, the Nanny will be paid on Thursday.

7. Taxes and Insurance

Parents shall withhold any federal income taxes, Social Security tax, and Medicare as well as state income taxes from the Nanny payments.

8. Evaluation

Nanny's performance will be evaluated by the Parents as follows:

A. After the initial 6 months of employment, if Nanny’s performance is satisfactory to Parents, Nanny will be given a merit/cost of living increase of not less than $ or %.

B. Nanny shall be treated with full professional courtesy, and Nanny will treat the Parents with due respect.

9. Job Responsibilities

Specific Nanny Responsibilities and duties are those relating to childcare only, such as providing loving and responsible care for the children of the family. This care includes, but is not limited to the following:

A. Meals: The preparation and serving of healthy breakfast and lunch, and dinner (if applicable) to the children. In general, the meals should be a mixture of easy to make (microwavable or readymade) and made from scratch meals. The Parents will provide all foods.

B. Nanny will not be expected to prepare meals for any adult members of the household.

C. Dressing - including changing of diapers, and hygiene. Nanny shall ensure that the children are properly dressed for the activities in which they are engaged, and the weather that they are exposed to. Nanny may be required to give the children baths daily. Nanny shall help the children learn about personal hygiene to include: learning to dress themselves, potty training, brushing teeth after each meal, etc., as well as aiding them in learning to clean their messes when they are done playing.

D. Naptime: Nanny shall do her best to ensure that the children get their proper naptime in the afternoon each day.

E. Recreation: Nanny shall play with the children to encourage speech and personality development. In addition, the Nanny understands that there are times throughout the day when children need quiet time to play by themselves. The Nanny will ensure that all play is supervised, and that the children are never left unattended and without direct supervision.

G. Firm Guidance: Nanny will ensure that the children understand that certain activities, as prescribed by the Parents, are forbidden. In no event shall the children be allowed to engage in any activity, which is deemed dangerous by the Parents or Nanny. Nanny shall be firm but loving with the children. The children are not to be spanked or hit for transgressions. Time-outs shall be used as the method for discipline - all punishment is the Parents' responsibility. Nanny will discuss the need for behavioral modification and suggested solutions with the Parents.

H. Transportation: From time to time, Nanny may take the children on walks to and from the park or other suitable recreational location.

I. Guidelines for Releasing Children: Under NO circumstances will Nanny release a child to any relative, neighbor, family friend or friend's parent without the Parents' direct authorization to do so. Nanny shall be introduced to any person to whom she may be directed to release the children.

J. General Household Maintenance: Nanny will be responsible for the following domestic duties, which are directly related to the care of the children:

1. Kitchen: Daily cleaning of the kitchen area, of all highchairs and dishes that are used by the children and Nanny. Nanny shall also be responsible for cleaning such appliances as the gas cooker after each use.

2. Play Area: Daily picking-up of toys and clothes in the children's play areas.

3. Sweeping/Mopping: Nanny shall be responsible for sweeping and mopping of the of kitchen floors daily (or as needed). Vacuuming of playroom carpet three times a week.

4. Garbage: Nanny will be responsible for the emptying of the diaper pail. Under no circumstances is the Nanny expected to take out the garbage, nor make sure the garbage cans are taken out on trash day and removed from the street after refuse is collected.

5. Children's Bedrooms: Nanny will be responsible for changing the bedding of only the small children under her care. Depending upon the age of the children, Nanny may require that the children assist her in these duties so they learn the proper method.

6. Children's Bathroom: Nanny will make sure that clothes are removed to the hamper, and counters and mirrors are wiped dry after hand washing and teeth brushing. Nanny shall also make sure the bathtub is scrubbed and that the water closet (i.e. flush toilet) is washed three times a week.

7. Laundry: Nanny is responsible only for the clothes/bedding of the children directly under her care. The Nanny is never expected to do any laundry for the Parents, or any other member of the household not directly under her care.

8. Babysitting: Occasionally, the Parents will require additional babysitting. Insofar as possible, Parents understand they must give Nanny ample notification (preferably at least 1 week). On these occasions, Nanny will be paid at a rate of an additional $/hour. The Nanny is in no way required to baby sit beyond the agreed upon hours of duty, but understands the need for an occasional (or routine) night out and will do her best to accommodate the needs of the Parents.

9. Cooking: Parents understand that occasionally Nanny enjoys cooking and will do so in her free time only (during nap times, etc.), or at those times when the children's involvement can safely be incorporated.

K. Things that the Nanny is not required to do.

1. Nanny will not be required to weed; mow lawns, sweep patios, trim bushes, etc.

2. Nanny is in no way required to wash windows, clean garages, clean out cupboards/shelves, or offices.

3. Nanny will not move furniture, rearrange rooms, etc.

4. Nanny will not be responsible for purchasing or delivering to any location alcohol or tobacco products.

5. Under no conditions is Nanny expected to clean up after the adult members of the household. Nanny will never be required to clean any mess made by the Parents, including, but not limited to: dirty dishes, clearing the table, or general tidying up of the Parent’s rooms/bathroom.

6. Nanny will not be responsible for taking the groceries from the car into the house. However, if she sees fit, she might offer her assistance.

7. Nanny is not required to take care of children of relatives, friends and neighbors.

8. Nanny is not responsible for washing pots and pans used by the Parents

9. Nanny is not opposed to being of assistance to either Parent with odd duties from time to time such as wrapping presents, going to the post office, grocery store, etc., as long as it is occasional and does not interfere with her normal duties of child care.

10. Priorities: Parents recognize that the care for young children can be demanding. It is understood and agreed that on some days the schedule may not be adhered to, all chores may not be completed, or the play areas may not be cleaned up by the time Parents return home from work due to the attention Nanny must give to the children. Care for and feeding of the children will always be the top priority.

11. Medicine: Nanny shall not administer any medication, including over-the-counter medications, unless specifically directed to do so by Parents. Parents understand that Nanny will require a written request for administering any medicines. In addition, all prescribed medicines must remain in their original packaging with the Doctor's instructions. All medicine administered by the Parents or Nanny must be logged with exact dosages and the time given so that no overdosing can occur.

L. Emergency Situations: In the case of any emergency, Nanny will contact Parents immediately. If necessary, the Nanny will not hesitate to call 911 or the Poison Control Center, prior to calling the Parents. In any emergency, if the Parents cannot be reached, the Nanny is to contact . If the situation warrants immediate action or if the phones are inoperative, the Nanny may try to get assistance from the neighbors. A list of phone numbers will be posted for emergency use by the kitchen and phones.

M. General House Rules: The rules listed below must be followed. To make an exception to any of these rules requires the verbal consent from one of the Parents or the presence of an emergency situation.

1. No visitors, except on prior notification and approval of the Parents.

2. Nanny is not required to receive any guests for the Parents.

3. Nanny will not be required to call, supervise or advise any maintenance personnel, including, but not limited to, gardeners, pool men, painters, carpet cleaners, handymen, exterminators, etc.

4. No service or maintenance personnel will be allowed in the house unless, while the Nanny is present, one Parent is also present before arrival of and through the entire visit of said service personnel.

5. Nanny is in no way responsible for work that is not completed or done because the Parents did not notify the Nanny of scheduled work, or make themselves available to supervise said work.

6. Nanny shall not make any long distance or receive collect calls, except in the case of an emergency or previous notification to the Parents.

7. Nanny shall make only short and occasional local calls (during nap times or other free times).

8. Nanny is not required to deliver messages to callers. She is not required to receive any mail or a package, nor sign for any mail or packages.

9. Nanny shall not take the children on any unapproved rides in any cars.

10. The house is to be kept locked at all times.

11. Nanny shall report any suspicious visitors or phone calls to the Parents immediately.

12. Nanny shall report to the Parents immediately any falls or injuries occurring to the children or the Nanny.

13. Nanny will inform the Parents if she is feeling ill.

14. When answering the phone, the Nanny will use the family's name, e.g., “Smiths' residence", and state, if Parents are not present, that the Parents are "not available” and take a message. Nanny will not give any other information about the household, unless given direct permission by the Parents to speak freely with the caller, e.g., a grandparent or other relative. Nanny is to never indicate that she is alone with small children. In addition, Parents will never indicate to anyone that the Nanny will be alone with the children.

15. Both the Parents and the Nanny are to maintain a play area for the children that are free from potential dangers, e.g., choking/strangulation hazards, breakables within children's reach, etc.

16. Parents are to maintain a safe working environment for the Nanny at all times.

17. Parents and Nanny will maintain a smoke-free environment.

N. Sick Time

On days when Nanny is too sick to work, Nanny must notify the Parents by that morning at the absolute latest.

10. Vacation:

A. If Nanny is not required to care for the children during the Parents' vacation, she will be compensated at her full weekly salary nevertheless. Nanny must be notified at least two (2) weeks before any scheduled vacation the family takes.

B. If Parents invite Nanny to go to their vacation destination with the family, Parents will pay all travel related expenses. The Nanny's responsibilities will remain the same to the children and will maintain their schedule as best as possible while exposing them to the new environment. Under no circumstances is the Nanny required to join the family on their vacations.

11. Personal Days

Nanny will occasionally require a visit to the dentist/doctor, or may require some personal time for another reason. After the initial 2 months of employment, Nanny shall be entitled to one (1) paid personal day. Insofar as possible, the Nanny will give at least one (1) week's notice before taking a personal day. The Nanny is not required to reveal her plans to the Parents about her personal days. The Nanny may stretch her personal days by using them in half-day increments. It is understood that any additional time taken as personal time will go uncompensated.

12. Additional Days Off

If either Parent tells Nanny to take the day off, there will be no pay docking, or making up the time in babysitting hours or otherwise. The Nanny will not be expected to use her personal day to compensate for the hours given to her.

13. Paid Holidays

The following six (6) days are paid holidays for the Nanny: New Year's Day; Independence Day; Thanksgiving Day; Christmas Eve; Christmas Day; New Year's Eve.

14. Notice to Quit/Termination

The Nanny agrees to provide the Parents with at least 2 weeks notice prior to leaving employment and Parents agree to provide 3 weeks notice before terminating the Nanny unless the personal safety of either the Nanny or the Children are involved. If such is the case, Nanny may leave employment immediately or will be asked by the Parents to leave employment immediately. Upon termination of this contract, Parents will provide the Nanny with a written reference entailing job responsibilities, performance, etc., as well as agreeing to provide a verbal phone reference to any prospective employers.

15. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

16. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

17. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

18. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

19. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

20. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

21. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

22. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

WITNESS our signatures as of the day and date first above stated.

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What a Nanny Agreement Is and When It Matters

A Nanny Agreement is a written employment contract that defines the working relationship between a household employer and a nanny. It typically covers duties, schedule, compensation, tax and withholding arrangements, benefits, confidentiality, and termination procedures. A clear written agreement helps set expectations, reduces disputes about hours and pay, and documents legal obligations such as payroll reporting and tax withholding. While not always legally required, a signed agreement provides evidence of mutual consent and terms, which is useful for payroll classification, immigration compliance, and resolving disagreements.

Why a Written Nanny Agreement Helps Both Parties

A written Nanny Agreement clarifies expectations, protects both employer and caregiver by documenting pay, hours, and responsibilities, and supports correct tax classification and payroll compliance. It reduces misunderstandings and creates a reference for resolving disputes or updating terms when circumstances change.

Why a Written Nanny Agreement Helps Both Parties

Who Commonly Uses a Nanny Agreement

Household employers, professional nannies, and domestic staffing agencies commonly use a Nanny Agreement to define terms, benefits, and legal responsibilities.

  • Private families hiring full-time or part-time caregivers, including live-in nannies.
  • Nanny placement agencies drafting contracts for client households and candidates.
  • Payroll providers and accountants preparing tax forms and withholding agreements for household employers.

Use the agreement to reduce classification risk and create written proof of agreed compensation, schedule, benefits, and termination terms.

Typical Parties and Their Responsibilities

Employer

Household employers are individuals or families who hire a nanny and are responsible for payroll, tax withholding, workers' compensation, and providing a safe work environment. The employer should ensure the agreement reflects state law, pay schedule, benefits, and any required background checks or immigration compliance.

Nanny

A nanny accepts duties, documents availability and duties, and agrees to employer policies on confidentiality and child safety. The nanny should confirm employment status, authorized work documents, and preferred payment method. Clear terms reduce misunderstandings and protect both parties.

Required Information to Include

Employer name: Full legal name as on ID
Nanny name: Full legal name and alias
Addresses: Street, city, state, ZIP
Pay terms: Hourly or salary; include pay schedule
Tax status: Employee or independent contractor selection
Start date: Enter as MM/DD/YYYY format

Key Risks and Potential Penalties

Tax penalties: IRC §6721 fines apply
Misclassification: Wage and tax liability
I-9 violations: Paperwork fines per DHS
Overtime claims: FLSA back pay risk
Privacy breach: HIPAA exposure if medical data
Unenforceable terms: Vague clauses may void

Common Preparation Mistakes to Avoid

  • Failing to specify regular hours and overtime calculation often causes disputes and wage claims; specify daily and weekly hours and the overtime multiplier.
  • Not documenting tax treatment or a W-9 request may trigger backup withholding or incorrect filings; clarify employer payroll responsibilities.
  • Using ambiguous termination language or an oral-only approach increases risk; include notice periods, severance terms, and cause definitions in writing.
  • Skipping background checks or failing to verify work authorization can create liability; retain copies of ID and any employment authorization documents.

Representative Use Cases

Representative examples show how a Nanny Agreement protects both households and caregivers across typical employment scenarios.

Family A

A suburban family hired a full-time nanny to care for two children and wanted clear expectations for schedule and duties.

  • Included paid leave and precise work hours.
  • The written agreement prevented confusion about holiday pay, clarified weekend coverage, and documented tax withholding arrangements that the employer used to set up correct payroll, avoiding misclassification risk and streamlining year-end reporting.

Agency Placement

A domestic staffing agency standardised a Nanny Agreement template to accelerate placement and ensure uniform legal protections for clients and caregivers.

  • Used eSign for faster acceptance.
  • Standard terms reduced negotiation time, allowed quick background and credential documentation attachments, and enabled the agency to deliver signed agreements electronically to payroll providers, improving onboarding speed while keeping consistent legal provisions across placements.

Step-by-Step: Prepare and Execute the Agreement

Follow these steps to prepare, customize, and execute a Nanny Agreement with clear legal and payroll considerations.

  • 01
    Gather details: Collect names, addresses, start date, and work schedule
  • 02
    Set pay: Specify wage, overtime rate, and pay frequency
  • 03
    Decide taxes: Choose employee status and prepare W-9 or payroll setup
  • 04
    Sign and store: Obtain signatures, add witness or notary if required, then save securely

Where to Send and Store Signed Agreements

Typical routing: prepare the agreement, send to the nanny, collect signatures, and distribute copies to payroll and recordkeeping systems.

  • Send to Nanny: Email or secure signing link for signature
  • Employer signs: Employer reviews then signs and dates
  • Witness/Notary: Add if state or term requires
  • Archive: Save signed copies and audit trail

Deadlines and Time-Sensitive Items to Track

Key deadlines and processing expectations for a Nanny Agreement include payroll setup, tax form dates, and notice periods for changes or termination.

Start date and first pay:

Confirm start date and first payroll cutoff to avoid missed pay

Payroll setup window:

Allow one to two pay cycles before first paycheck

W-2/1099 deadlines:

Provide forms by Jan 31 for employee or contractor reporting

I-9 retention:

Retain I-9s three years after hire or one year post termination

Notice periods:

Follow agreed notice, typically two weeks or as stated

Milestone Timeline from Offer to Annual Review

Milestone timeline for a standard Nanny Agreement from negotiation through onboarding and annual review process.

01

Negotiation

Agree duties, schedule, pay, and start date

02

Execution

Signatures collected, witnesses or notarization completed if needed

03

Payroll setup

Add to payroll system, set withholding, and register employer account

04

Annual review

Review compensation, tax treatment, and any changed responsibilities yearly

Customize an Electronic Workflow for the Agreement

Configure the online workflow to collect data, present conditional fields, authenticate signers, and deliver signed copies to payroll or storage.

Field Configuration
Auto-fill fields Use Magic fields to populate repeated values
Conditional fields Show benefits section if benefits selected
Signer authentication Enable email, SMS code, or advanced KBA
Delivery Send signed PDF to payroll and cloud storage

How a Nanny Agreement Differs from Contractor Documents

Compare common document types used for domestic caregiving to identify tax, employment, and control distinctions.

Document Type Nanny Agreement Independent Contractor Agreement
Tax classification employee w-2 contractor 1099-nec
Control level high control low control
Employer taxes withheld not withheld
Risk of misclassification lower risk higher risk

eSignature Provider Comparison for Nanny Agreement Execution

Vendor pricing and capability overview for eSignature providers commonly used to sign and store Nanny Agreements; signNow shown first.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Technical Capabilities to Look For

Choose a platform that supports fillable PDFs, common integrations, and secure eSignature methods for legally valid Nanny Agreements.

  • File formats: PDF, DOCX, HTML supported
  • Integrations: Salesforce, Microsoft 365, NetSuite integration
  • Authentication: Email, SMS, KBA, SSO options

FAQs: Legal, Tax, Signing, Notary, Termination, Storage

Answers to common questions about legality, taxes, eSigning, notarization, termination, and storage for Nanny Agreements in the United States.


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