If you’re looking for a nanny to take care of your children, preparing a contract is essential. Although a nanny contract doesn’t need to be complex, it should clearly spell out your expectations for the new caregiver. By including these five details in your contract, you can eliminate possible conflicts and misunderstandings before they have the opportunity to emerge.
A List of All Duties
Household duties should be explicitly laid out in your contract. Be sure to include detailed descriptions of childcare, cleaning, cooking, and other chores to prevent confusion. In the event a nanny doesn’t live up to your expectations, you can simply refer back to the contract.
Pay Information
Include your nanny’s schedule and pay rate. Since nannies are considered employees under the Fair Labor Standards Act (FLSA), they are required to be paid hourly and not by salary. Nannies – and other household employees – should be paid for every hour worked.
Also, in accordance with the FLSA, nannies – and other household employees – are required to be paid time and a half for overtime. Typically, overtime is considered any hours worked over 40 hours in a workweek.
Benefits
At minimum nannies in the Bay Area are looking for guaranteed hours as well as paid vacation, sick days, Federal holidays, and more and more childcare providers are also seeking health insurance or a health stipend as an additional benefit.
Be sure to state how many days the nanny will be afforded for PTO, as well as who gets to pick out the dates suitable for vacation. For example, if you provide two weeks of vacation, you can specify one week at your choosing while the nanny can decide the other. It’s good to have a process in place for securing backup assistance for sick days too.
Modifications
You might have to change your nanny agreement over time. Include instructions on how changes can be made, such as scheduling changes as your child grows older. Your nanny may also request changes as your working relationship evolves.
Resignation and Termination
Although California is an “at-will” employment state, meaning that employers do not need to provide justification for their decision to terminate employment and employees are free to leave their job at any time, you can include language in the work agreement on how much notice is desired for resignation or for termination in the event of less serious issues.