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Nanny Contract

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Sample Nanny Contract

Agreement made on the (date), 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. General Nanny Services

Nanny will provide full-time Nanny services to Parents beginning . Parents and Nanny both agree to arrange a meeting for the purpose of discussing household expectations a minimum of 24-hours prior to scheduled start date. Nanny is being hired based on the following credentials:

• Two or more years of child-care experience;

• Submitted to and passed a background check;

• Nanny, Newborn Care Specialist, and CPR Certifications

• U.S. Citizen

2. Specific Nanny Services

Parents and Nanny agree that the Nanny services contemplated herein include, but may not be limited to: grocery shopping for the children’s food, prepare/cook children’s meals, help bathe and dress children, help clean-up after children, wash children’s laundry, set-up daily activities for children, supervise during playtime (i.e., park, beach, movies), read books and play age-appropriate curriculum and games, help with homework, and be responsible for overall well-being of children during the absence of Parents. Nanny Services shall not include the following:

A. General housekeeping such as washing family dishes, cleaning kitchen and bathrooms, vacuuming and dusting, household laundry, picking up/dropping off dry cleaning, running family errands, buying household groceries, cleaning master and guest bathrooms, and preparing family meals.

B. Acting as family chauffeur;

C. Walking, bathing or cleaning up after household pets

3. Work Hours and Payment

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. 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.

4. 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.

5. 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.

6. 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. Parents will also provide Nanny with the following benefits: two weeks paid vacation per year, 7 paid holidays off [New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day], 6 sick days per year, and health benefits (after 90 days).

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. Travel

Parents agree to notify Nanny in advance (a minimum of 21-days) of any travel plans.

9. Severance Pay

If Parents dismisses Nanny for any reason other than criminal allegations, Parents agrees to pay Nanny weeks of severance pay at the current weekly rate.

10. Termination of Employment

Nanny must notify Parents of intention to terminate employment a minimum of 30 days prior to date of termination.

11. Issues of Liability

With regard to the services of Nanny, both Parents and Nanny are fully aware and agree that both parties are equally liable for the welfare of Parents’ children during the duration of this Agreement. Therefore, both Parents and Nanny must report any unfair treatment of children (e.g., neglect or abuse to the proper authorities immediately upon discovery.

12. 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.

13. 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.

14. Governing Law

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

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

(Printed name)

(Signature of Parent)

(Printed name)

(Signature of other Parent)

(Printed name)

(Signature of Nanny)

Enter text✕

What a Nanny Contract Is and Why It Matters

A Nanny Contract is a written employment agreement that defines the working relationship between a household and a childcare provider. It typically sets hours, compensation, benefits, duties, confidentiality, termination terms, background-check requirements, and any tax or payroll arrangements. For U.S. employers this agreement also clarifies worker classification and payroll obligations under federal and state law. Properly executed, a Nanny Contract can be signed electronically under the ESIGN Act and UETA where applicable, provided parties consent to electronic records and signatures and required consumer disclosures are given.

Key Reasons to Use a Written Nanny Contract

A clear Nanny Contract reduces disputes by documenting duties, pay, scheduling, and termination processes. It helps establish employer-employee expectations, supports payroll and tax compliance, and preserves evidence of agreed terms. Use it to protect both household and caregiver legal and financial interests.

Key Reasons to Use a Written Nanny Contract

Who Commonly Uses a Nanny Contract

Typical users include households hiring live-in or live-out nannies, childcare staffing agencies, and guardians who need defined employment terms.

  • Parents and guardians managing schedules, discipline guidelines, and payroll responsibilities for in-home childcare.
  • Nannies and caregivers who need written terms for duties, hours, overtime, and benefits.
  • Placement agencies that standardize contracts to reduce liability and ensure consistent onboarding.

Tailor the contract to the specific household arrangement and local legal requirements to ensure clarity and enforceability.

Core Elements to Include in a Professional Nanny Contract

Core elements to include in a professional Nanny Contract that protect both parties, clarify obligations, and align payroll and legal responsibilities.

Duties and Schedule

Describe daily responsibilities, standard working hours, agreed break times, on-call expectations, and procedures for schedule changes, including notice periods and overtime calculation methods, and emergency coverage.

Compensation

State hourly or salaried pay, pay period, overtime rate, paid leave, reimbursement for mileage or supplies, and any bonuses or raises with effective dates and method of payment.

Taxes and Benefits

Clarify worker classification (employee vs independent contractor), payroll withholding, employer tax responsibility, benefits offered, and whether the household will file payroll taxes or use an agency.

Termination

Specify notice requirements, severance or final pay calculations, grounds for immediate termination (e.g., theft, neglect), and procedures for returning household property and reference to applicable state employment law.

Safety and Background

Require background checks, CPR/First Aid certification, vaccination preferences or requirements, emergency contact information, and instructions for child medication administration and allergy management, and driving record verification if transporting children.

Confidentiality

Include privacy obligations, limits on sharing household information or images, duration of confidentiality post-termination, and remedies for breaches including injunctive relief, damages, and return or deletion of digital records.

Security and Compliance Considerations

Encryption: AES-256 at rest, TLS 1.2/1.3
Audit Trail: Timestamp, IP, and action history
HIPAA: BAA available for covered entities
Authentication: Email, SMS code, or SSO
Access Controls: Role-based permissions and SSO
Compliance: ESIGN, UETA, 21 CFR Part 11

Step-by-Step: How to Complete a Nanny Contract

Follow these steps to complete and execute a Nanny Contract accurately and legally using electronic signatures where allowed.

  • 01
    Prepare Draft: List duties, hours, pay, and benefits.
  • 02
    Review Law: Confirm classification and payroll obligations under federal and state law.
  • 03
    Sign: Obtain signatures and dates from both parties.
  • 04
    Store Copy: Save executed copy with audit trail and delivery proof.

How the Digital Signing Process Works

Typical routing for a Nanny Contract, from draft to signed copy and payroll onboarding and retention.

  • Draft: Create contract template and insert fillable fields.
  • Send to Signer: Email or link with authentication options.
  • Signer Action: Signer reviews, initials, and signs electronically.
  • Finalize: Distribute signed copy and attach to payroll records.

Recommended Digital Workflow Settings

Recommended digital workflow settings for preparing, sending, and storing a Nanny Contract with eSignature and audit settings.

Field Configuration
Signer Authentication Email link with optional SMS code
Field Types Signature, initials, date, text, conditional fields
Retention Store encrypted PDF with audit trail
Notifications Email and optional push alerts for status

Platform Features to Look For

Ensure the platform supports secure eSignatures, templates, and role-based access for household documents, including mobile signing capability.

  • Integrations: Payroll and HR systems
  • File Types: PDF, Word, and HTML
  • Storage: Encrypted cloud storage with access controls

Timing and Filing Considerations

Key dates and timing to consider when using a Nanny Contract for employment and tax compliance.

Provide W-9 on Request:

Supply a completed W-9 to payers upon request to avoid backup withholding.

Pay Periods and Overtime:

Record pay dates and comply with state overtime rules and minimum wage.

Payroll Taxes Filing:

File payroll taxes according to federal and state schedules; withhold appropriately.

I-9 Verification:

Complete Form I-9 within three days of hire per DHS rules.

Record Retention:

Keep signed contract for at least the employment term plus tax retention period.

Common Preparation Mistakes to Avoid

  • Failing to classify the caregiver correctly as an employee or independent contractor increases liability for back taxes and penalties; verify classification with state and federal guidance.
  • Leaving compensation terms vague (e.g., 'reasonable' or 'as needed') can cause disputes; specify rates, overtime, and reimbursement policies in writing.
  • Not including termination procedures and notice periods can lead to contested dismissals; outline immediate-cause examples and severance or final-pay timing.
  • Neglecting to obtain signed consent for electronic records or failing to preserve audit trails may weaken enforceability of an e-signed contract.

Risks and Potential Penalties

Tax Penalties: Failure to withhold triggers IRS liabilities
1099 vs W-2 Risk: Misclassification can cause back taxes
I-9 Violations: Paperwork fines per DHS rules
State Labor Claims: Unpaid overtime or benefits disputes
Notary Issues: Improper notarization may void document
Privacy Breach: HIPAA or data exposure fines

Pricing and Feature Snapshot for eSignature Vendors

A concise vendor comparison of core pricing and feature criteria relevant when selecting an eSignature solution for Nanny Contracts.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and Troubleshooting for Nanny Contracts

Answers to common questions about completing, signing, and enforcing a Nanny Contract, including electronic signature considerations.


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