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Note to parents and nannies:
Please feel free to copy the following contract and modify it to your
personal needs.
It should also be said that the many
points of this contract can be compared to all the letters of the
alphabet. When one uses the alphabet to make different words, they
rarely use all the letters. So to, when using this contract, use only
those points that pertain to you. If you require them all for your
contract to be complete, the use all the points; otherwise, customize
your contract as you need it.
More often than not, nannies enter their
profession so that they can make a positive difference in the life of
children and their families. To do so effectively may requires modifying
some of the points in this contract (for example: receiving mail,
answering phones, emptying the dishwasher, etc. Even though it is not required)
most nannies will view this as a normal aspect of their job.
The co-author would also like to state
that she herself, as a nanny, has 'broken' some of these very rules
(regarding housekeeping, etc.) because she felt that it was in the best
interest of the family she agreed to care for. She also routinely
answers the phone, accepts packages, and performs many of the usual
household duties required of residents in a home. She does so not
because it is required, but because it helps the adults in the
household. She is not opposed to the performance of these duties as
such, she simply wishes for the focus always to be where it belongs: on
the children. Nannies are professional child care providers not personal
assistants or servants.
The point is Nannies, use your
discretion. Don't let anyone talk you into doing more than you feel you
can handle, or want to take on.
Work
Agreement
Child Care Agreement
- This Agreement is between the
following parties:
- Nanny:________________________________________________
- Parents:
_______________________________________________
- This agreement is to define and
mutually agree upon the following terms, provisions, and
conditions for the care of the following children:
______________________
_____________________________________________________________
- Job Conditions: Upon
employment, there will be a trial period of two weeks for both
Parents and Nanny to ensure compatibility. This trial period does
not guarantee employment for a full two weeks. Either party
has the right to terminate the trial period at any time with or
without cause.
- Start Date:
__________________________________________
- Scheduled Work Hours:
From _______ a.m. to_______ p.m., Monday through Friday. This
schedule may vary. The Nanny will be informed of any change of
schedule with as much advance notice as possible. Overtime:
(If Nanny is Live-Out) Nanny
will be paid the required time and a half salary for hours
worked over 40 hours per week.
- Pay/Pay Schedule:
The Nanny shall be paid $_______ /week due Friday unless a
holiday falls on Friday. If a holiday falls on Friday, the
Nanny will be paid on Thursday.
- Taxes and Insurance:
The Parents are to withhold any mandatory taxes for which they
are responsible on the Nanny's salary. The Nanny is
responsible for withholding all state and federal income taxes
from her own paycheck. The Parents will provide Worker's
Compensation and Unemployment insurance.
- Compensation for
Additional Children: Should the blessed event of
another child occur, the Nanny shall be compensated at a rate
of $____/week .
- Evaluation: The
Nanny's performance will be evaluated by the Parents as
follows:
- After the initial 6 months
of employment
- At the end of the first year
- After the end of the first
year, performance evaluations will be held annually.
- Upon satisfactory performance of
duties, the Nanny will be given a merit/cost of living
increase of not less than $_______ or _______ %.
- Place of Business:
__________________________________________
- The Nanny shall be treated with
full professional courtesy. In turn the Nanny will treat the
Parents with due respect.
- Job Responsibilities:
Specific Nanny responsibilities and duties are those relating to
child care only, such as providing loving and responsible care for
the children of the family. This care includes, but is not limited
to the following:
- 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
ready-made) and made from scratch meals. All foods will be
provided by the Parents. During the week, the Nanny will
prepare a list of needed items to be presented to the Parents
on Friday.
- The Nanny will not be
expected to prepare meals for any adult members of the
household.
- Dressing - including
changing of diapers, and hygiene. The 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. The Nanny may be required to give the
children baths from time to time. The 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, etc.
- Learning Activities:
The Nanny will strive to teach the children proper speech, the
basics of counting, their ABCs, shapes, colors, courtesy,
sharing, and neatness, as their development permits.
- Nap-time: The
Nanny shall do her best to ensure that the children get their
proper nap time in the afternoon each day.
- Recreation: The
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.
- Firm Guidance: The
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. The 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. The Nanny will discuss the need for
behavioral modification and suggested solutions with the
Parents.
- Transportation:
From time to time, the Nanny shall transport the children to
and from parks and special events, in the parents' vehicle.
There will be no unapproved rides in any cars, and no
unapproved trips. The nanny may take the children on walks to
and from the park, etc.
- Guidelines for Releasing
Children: Under NO circumstances will the Nanny
release a child to any relative, neighbor, family friend or
friend's parent without the Parents' direct authorization to
do so. The Nanny prefers to be introduced to any person to
whom she may be directed to release the children. In the event
that such meeting is impossible, the Nanny will request proof
of identification (such as a California Driver's License)
before she will release any children. If such identification
is unavailable, the children will not be released.
- General Household
Maintenance: The Nanny will be responsible for the
following domestic duties, which are directly related
to the care of the children:
- Kitchen: Daily
cleaning of the kitchen area, of all highchairs and dishes
that are used by the children and the Nanny (the Nanny
will put dirty dishes in the dishwasher).
- Play Area:
Daily picking-up of toys and clothes in the children's
play areas.
- Sweeping/Mopping
of kitchen floors after meals/Weekly (or as needed)
vacuuming of playroom carpet.
- Garbage: The
Nanny will be responsible for the emptying of the diaper
pail/Diaper Genie (if applicable) only. 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.
- Children's
Bedrooms: The Nanny will be responsible for changing
the bedding of only the small children under her care.
Depending upon the age of the children, the Nanny may
require that the children assist her in these duties so they
learn the proper method. All children age 10 and over under
the care of the Nanny will change their own beds, with the
assistance of the Nanny, if needed.
- Children's Bathroom:
The Nanny will make sure that clothes are removed to the
hamper, and counters and mirrors are wiped dry after hand
washing and teeth brushing.
- Laundry: The
Nanny is responsible only for the clothes/bedding of the
children (under age 11) directly under her care. Above age
11, the children will assist in washing/drying laundry so
they will have a thorough understanding of laundering
clothes. Above age 13, the children will be responsible for
their own clothes/bedding.
- The Nanny is never expected to
do any laundry for the Parents, or any other member of the
household not directly under her care.
- Babysitting:
Occasionally, the Parents will require additional babysitting.
Insofar as possible, the Parents understand they must give the
Nanny ample notification (preferably at least 1 week). On
these occasions, the Nanny will be paid at a rate of
$____/hour. The Nanny is in no way required to babysit 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.
- The Parents understand that
the Nanny will occasionally babysit for other families on
Friday night or over the weekend. Parents have first
option at booking the Nanny's babysitting time. If the
Parents do not require the Nanny's services, and the Nanny
makes plans to babysit for another family, the Parents
cannot require that the Nanny cancel her plans.
- The Parents agree to be a
good reference for the Nanny for any new families that she
may begin babysitting for during her employment with their
family.
- As with all families the
Nanny babysits for, the Parents understand that by
reserving the Nanny's time for babysitting, they are
securing that time. The Parents may cancel, without any
penalty, up to 24 hours beforehand. If cancellation is
made within 24 hours (except by the presence of an
emergency situation), the Parents understand that they are
still required to pay for the time that was reserved for
them and their children.
- Cooking: The
Parents understand that occasionally the Nanny enjoys baking
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.
- Things the Nanny is not
required to do:
- The Nanny is not a gardener .
She will not weed, mow lawns, sweep patios, trim bushes, etc.
- The Nanny is in no way required
to wash windows, clean garages, clean out cupboards/shelves,
or offices.
- The Nanny is not a professional
mover. She will not move furniture, rearrange rooms, etc.
- The Nanny will not be
responsible for purchasing or delivering to any location
alcohol or tobacco products, etc.
- Under no conditions is the Nanny
expected to clean up after the adult members of the household.
The Nanny will never be required to clean any mess made by the
Parents, including, but not limited to: dirty dishes, clearing
the table, washing counters/stove tops, or general tidying up.
- Note: The Nanny
does like being able to help make life easier for the Parents,
otherwise she wouldn't be a Nanny. She is not opposed to being
of assistance to either Parent with odd duties now and again,
i.e. wrapping presents, going to the post office, grocery
store, etc., as long as it is occasional and doesn't interfere
with her normal duties of child care.
- Priorities: The
Parents recognize that the care for young children can be
demanding. It is understood 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 due to the attention the Nanny must give to
the children. Care for and feeding of the children will always be
the top priority.
- Medicine: The Nanny
shall not administer any medication, including over-the-counter
medications, unless specifically directed to do so by the Parents.
The Parents understand the 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.
- Emergency Situations:
In the case of any emergency, the Nanny will contact the Parents
immediately. If necessary, the Nanny must 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 _______________ (nearest relative or trusted friend). 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 _____________________ (upstairs or
alternate) phones.
- Authorization
to Treat a Minor: The Parents will sign and date two
"Authorization to Treat a Minor" cards per child: one to
be put on file at their pediatrician's office, the other held in
the Nanny's possession. In the unlikely event of an emergency, if
the Parents cannot be reached by the Nanny, the Doctor and/or the
Hospital, it allows the Doctor to ask permission of the Nanny to
administer any medically necessary care to the child(ren). If the
Nanny is required to give authorization to medical personnel to
treat the child(ren), the Parents understand that all medical care
administered would be on the advice and at the discretion of medical
personnel only, and the Nanny cannot be held
liable/responsible for the decisions made by said medical
personnel. Furthermore, the Nanny cannot be held
liable/responsible for any medical bills incurred by such medical
attention.
- 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.
- No visitors, except on prior
notification and approval of the parents.
- The Nanny is not required to
receive any guests for the Parents.
- The 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.
- No service or maintenance
personnel whatsoever inside the house. If service or
maintenance personnel are needed for repair while the Nanny is
present, one Parent will be present before arrival of and
through the entire visit of said service personnel.
- The 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.
- No long distance or collect
calls, except in the case of an emergency or previous
notification of the Parents.
- Only short and occasional local
calls (during nap times or other free times).
- The Nanny is not required to
answer the telephone to take messages, nor is she required to
deliver messages to callers. She is not required to receive
any mail or packages, nor sign for any mail or packages,
although doing so does not hold her liable in any way
whatsoever if said call or package would have been refused by
the Parents.
- No unapproved rides in any cars.
- The house is to be kept locked
at all times.
- Report any suspicious visitors
or phone calls to the Parents immediately.
- Report to the Parents
immediately any falls or injuries occurring to the children or
the Nanny.
- The Nanny must inform the
Parents if she is feeling ill.
- When answering the phone, the
Nanny will use the family's name, i.e. "Smiths'
residence", and state that the Parents are "not
available" and take a message. The Nanny will not give
any other information about the household, unless given direct
permission by the parents to speak freely with the caller,
i.e. a grandparent or other relative; and will never indicate
that she is alone with small children. In addition, the
Parents will never indicate to anyone that the Nanny will be
there alone with the children.
- Both the Parents and the Nanny
are to maintain a play area for the children that is free from
potential dangers, i.e. choking/strangulation hazards,
breakables within children's reach, etc.
- The Parents are to maintain a
safe working environment for the Nanny at all times. This
includes, but is not limited to, the following points:
- If the need for
fumigation/bug spraying becomes necessary, it will be
scheduled for Friday, and the Nanny will not be expected
to enter the work area for at least two (2) days. If
fumigation/extermination takes place Monday-Thursday, the
Nanny is willing to watch her charges at another location
for no less than two (2) days to allow for the air to
become as clear from the fumes as possible. Otherwise, the
Nanny will not be expected to return to work for at least
two (2) working days, and will be paid her usual weekly
salary.
- The Nanny is expected to
have a smoke-free environment.
- Sick Time: Obviously,
a healthy Nanny is an important criterion for this position. But
on those days where the Nanny is too sick to work, the Nanny must
notify the Parents by _____a.m. that morning at the absolute
latest. After the first two (2) months of employment, the Nanny
will be entitled to no less than ten (10) paid sick days. The
Nanny shall have no less than ten (10) paid sick days available
during any calendar year. Paid sick time cannot be carried over
into the next calendar year nor is pay for unused sick time to be
expected.
- Vacation: After the
first two months of employment, the Nanny is entitled to no less
than ten (10) days of paid vacation time per year. This vacation
time cannot be accrued from one year to the next nor is pay for
unused vacation time to be expected.. The Nanny agrees not to take
her sick time and vacation time in sequence.
- The Nanny is encouraged, but not
required to coordinate her vacation with that of the Parents.
In any event, the Nanny is required to give the Parents at
least 2 weeks notice. To the best of her ability, the Nanny
will work with the Parents to schedule her vacation.
- In the event of the Parents'
vacation, the Nanny may be required to continue care for the
children. If the Nanny cares for the children during the
Parents' vacation, she shall be compensated at a rate of
$_____ /night, in addition to her regular weekly salary. If
the Nanny is not required to care for the children during the
Parents' vacation, she will be compensated at her full weekly
salary nevertheless. The Nanny must be notified at least two
(2) weeks before any scheduled vacation the family takes.
- If the Parents invite the Nanny
to go to their vacation destination with the family, all
travel related expenses will be paid by the Parents. The
Nanny's responsibilities will remain the same to the children:
to 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.
- Personal Days: As with
all people, the 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, the Nanny shall
be entitled to no less than five (5) paid personal days, not to be
used as or in conjunction with vacation days, or sick days.
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.
- Additional Days Off:
If either Parent tells the 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
time, vacation time, or sick time to compensate for the hours
given to her.
- Paid Holidays: The
following nine (9) days are paid holidays for the Nanny: New
Year's Day; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day and the following Friday; Christmas Eve;
Christmas Day; New Year's Eve.
- Communication: Good
communication is essential. Problems and issues with the
children's behavior, routine, Nanny's duties, or other matters
should be brought to the attention of the Parents as soon as they
occur. Likewise, if the Parents have any problems with the
aforementioned issues, the Parents should bring them to the
attention of the Nanny as soon as they occur. The Nanny promises
to be honest and up-front with the Parents regarding all aspects
of the children's care and in return asks the same of the Parents.
All issues will be resolved with good communication and not
recriminatory confrontation.
- Notice to Quit/Termination:
The Nanny agrees to provide the Parents with at least 3 weeks
notice prior to leaving employment and the 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, the Nanny can leave employment immediately or
will be asked by the Parents to leave employment immediately. Upon
notice to terminate this agreement, the Nanny promises to provide
as much assistance to the Parents to secure high-quality child
care, and the Parents promise to be a reference for the Nanny for
any future job she may seek. 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. The
Nanny, in turn, will provide, to any potential child care
providers, an impartial written and oral reference for the family
as employers.
- Amendment: This
agreement may be amended in writing from time to time upon the
agreement of all parties. No amendment or modification hereof
shall be valid unless it is in writing and signed by all the
parties.
- Invalid Provisions:
The invalidity or unenforceability of any particular provision
hereof shall not affect the other provisions hereof, and this
agreement shall be construed in all respects as if such invalid or
unenforceable provisions were omitted.
- Waiver: No right under
this contract shall be waived (lost) merely by delaying or failing
to exercise it. Consent to one act shall not be considered consent
to any other or subsequent acts. Any waiver or a default under
this agreement must be in writing and shall not be a waiver of any
other default concerning the same or any other provisions of this
agreement.
- Governing Law: This
agreement shall be governed by and interpreted in accordance with
the laws of the State of California. And all parties understand
the terms in this contract, and understand that disregard of these
terms is grounds for termination of this contract.
- A signed agreement represents that
the following parties mutually agree to the job conditions and
description as outlined in this agreement.
Parent:
_____________________________________ Date: _______________
Parent:
_____________________________________ Date: _______________
Nanny:
_____________________________________ Date: _______________
The above contract is
based on the 'Personal Experience' of many nannies and parents. It is
not intended to be a substitution for the legal advice of a qualified
attorney. The advice given through this website
should not be substituted for independent legal or professional
counsel.
Copyright 1997 - 2004 Life With Nanny
All rights reserved.
Revised:
April 04, 2007
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