Contracts: What to Include

This week on WTS, we are discussing CONTRACTS and all the down and dirty both parties need to think about.

So, you have found your perfect fit in all the chaos and anxiety of the nanny search, NOW WHAT? Well, step one is to KNOW what your nonnegotiable pieces are, those are usually wage, PTO, vacation, and other benefits.

At this point, you need to sit down and write a contract. Many families, and nannies for that matter, scoff at the concept of a contract. I get it. It seems like such a formal thing when a nanny position is a very personal type of job. But, really, what is a contract? It’s a list of agreements about personal boundaries and work expectations. It creates a solid foundation for a secure and respectful working relationship. No one wants to come to work everyday not knowing what is expected of them, no one wants to wonder everyday what their compensation will be or ignore their personal health and safety because they don’t know what to do when they are sick or it snows. A contract will limit conflicts and make everyone feel more secure and confident that they are valued, respected and heard.

I am sure you have questions, the first one I always hear is “but is a contract legally binding?” The short answer is no, the long answer is that it is a contract that will hold up in civil court. So, keep that in mind when it comes to the details.

Next, let’s talk about what’s legal. Legally, a nanny is considered a household employee, nannies are required to be paid for every hour worked and overtime rates for any hour over 40. They must receive a W4 at the start of employment and a W2 must be post marked by January 31. Now, I am sure you are saying “we agreed in our contract that our nanny was an independent contractor and that we don’t pay overtime(OT) rate” unfortunately, you can’t circumvent the law with the contract. Your contract must meet minimum legal requirements.

What should be included in a contract? Everything you can imagine might come up during the length of employment.

• Names of Nanny, Employers, Children cared for as well as contact information and children’s birthdate(s)

• Address where work is performed

• Hourly wage and Overtime Rate

• Pay Schedule

• Payroll Company to be Used

• General Schedule, and Guaranteed Hours(should be the same as expected weekly schedule)

• PTO and Paid Vacation policy

• Paid or unpaid Holidays

• Health Insurance Stipend

• Mileage Reimbursement, Car Insurance Stipend, Car Cleaning Stipend

• Who is Responsible for the Deductible (should there be an accident)

• Car Seat Policy

• House Rules

• Discipline Plan

• Non Childcare Duties (child laundry, child cooking)

• Household Duties (any cleaning or cooking)

• Inclement Weather Policy

• Travel and Overnight Care Policy

• Education Stipend (if offered)

• Paid parental leave

• Outings and Play-date Policy

• Termination Clause

• Severance Policy

I know this looks like so much to consider, but handle it now. Don’t wait for the first snow storm or emergency to decide what should happen. Don’t wait for conflict to set boundaries. Start your nanny/employer relationship off with equal respect and on the solid foundation of a respectful, legal, and cooperative contract.

Over the next few weeks we will go over the details of each section listed, so stay tuned!

I have included the following links for other sources that advocate for contracts! Enjoy!

https://www.babycenter.com/0_a-nanny-contract-why-its-useful_5947.bc

https://www.adventurenannies.com/blog/ask-the-nanny-pro-should-i-have-a-contract/

Rachel Gorham

Nanny