Nanny Child Care Agreement with Probationary Period

Nanny Child Care Agreement with Probationary Period

Agreement made on the , between (Names of Parents) of , referred to herein as Parents, and (Name of Nanny), 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:

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

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 $10.00/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 (name and telephone number). 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 a.m. 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.