The written agreement between a nanny and her employers is one of the most important documents in the employee-employer relationship. The responsibilities, rights, and reasonable expectations of both parties are detailed in a nanny contract, protecting everyone involved from any misconceptions or confusion regarding certain aspects of the working relationship that can often lead to disputes or even the loss of a post. However, during the drafting period there are things that even the most diligent contract creator might forget. Also, the needs of a family, as well as the responsibilities of a nanny, can change and evolve over time. Keeping up with these changes in writing is important; it’s not enough to create a nanny contract that’s promptly forgotten. In order for it to be effective and serve its purpose, it must be up-to-date and accurate. If you’re faced with the need to amend your nanny contract, these pointers can help you make the process easier.

• Include a Section Covering Future Amendments in the Original Agreement – When you create the first contract that governs your relationship with a new nanny, you should include a section detailing the proper process for amending the contract in the future. The need for at least one amendment over the term of the contract is nearly inevitable, so it’s wise to plan ahead. Let your nanny know that she’s also able to submit any amendments that she’d like, as the relationship between you and the scope of her responsibilities evolves.
• Get Your Nanny’s Permission – Any changes or amendments to your written work agreement must be agreed upon by all involved parties. This means that you absolutely cannot amend your nanny agreement without the knowledge and permission of your nanny. Before documenting any changes to the contract, you should meet with your nanny to discuss the issue. Such meetings will also give her the opportunity to address any concerns she may have, and to suggest amendments of her own.
• Create a Document Detailing the Nature of the Amendment – To get amendments to your written work agreement in writing, you’ll need to create a separate document just for the amendment. The document should clearly state that all affected parties are in agreement regarding the changes to the existing contract and the names of all involved parties.
• Address Each Change in the Current Contract Separately – Rather than lumping several changes into one paragraph, an effective contract amendment will address each concern separately and thoroughly. All changes should be individually addressed under subheadings that clearly denote the nature of the amendment, noting the date that amendments will go into effect and why the changes are being made. Should you need to refer back to your written employment agreement later, perhaps in the event of a dispute arising or a disagreement regarding compensation, job duties, or hours, a well-organized and concise document will make the process less stressful.
• Obtain the Appropriate Signatures – For a contract amendment to be legally binding everyone who signed the original agreement must sign the amendment. For instance, an amendment to a contract signed by the nanny and both of her employers will not be valid if you and your nanny sign the amendment, but your spouse does not. Make sure that you have all of the required signatures in place before filing your contract away.

It’s not strictly necessary to involve an attorney in the amendment process, though you certainly can if it makes you feel more comfortable to do so. After the amendment document has been created, reviewed, and signed by everyone involved, you should also make sure that everyone who signed the document has a copy of the amended contract for their own personal files. Provided that everyone agrees upon the terms of the amendment and the changes going into effect, there is absolutely no need to create an entirely new written agreement. A properly worded and carefully written amendment to that agreement will serve the same purpose, and will also leave the original document intact for future review. Before signing your amendments or the new agreement, be sure that all provisions are in accordance with state and federal employment laws to prevent accusations of illegal hiring practices or violation of labor laws in the future.

This article is meant for informational purposes only and should not replace the advice of a qualified attorney.

While having a written work agreement may seem like a simple formality between a nanny and employer, the reality is a written work agreement is essential for a successful employment arrangement. In fact, in some jurisdictions, a written work agreement may actually be required.

There are many reasons why a written nanny/employer work agreement is essential.

These include:

Reason 1. A written work agreement establishes a professional relationship between the nanny and the employer from the start of the relationship. When a written work agreement is executed, the employer, employee relationship is formally created.

Reason 2. A written work agreement spells out the logistics of employment. From the nanny’s role and responsibilities, to who is responsible for withholding payroll taxes, to the nanny’s salary and benefits package, a work agreement outlines each of the parties’ duties, responsibilities and expectations.

Reason 3. A written work agreement gives you something to refer back to when questions arise. How many times has a nanny gone home on a Friday night thinking she has the Monday holiday off, only to get a phone call Monday morning from her employer asking where she is? A written work agreement allows you to say “Let’s look at what we agreed to” when questions about holidays, paid time off, or other topics arise.

Reason 4. A written work agreement foresees possible situations and outlines how they will be handled.  What happens if the family decides to move across the country a few months after they have hired their nanny?  Who pays the insurance deductable if the nanny is in a car accident while on duty? A written work agreement addresses how things like early termination, insurance coverage and deductibles and relocation will he handled.

Reason 5. A written work agreement may remove you from at-will status. In at-will states, workers can be fired for any reason at anytime, provided the reason is not illegal. A written work agreement that includes a specific start and end date may override a nanny’s at-will status. However, if the written work agreement cites that a nanny may be fired for cause, no cause or for specific reasons, she can still be fired according to the terms in her agreement.

Reason 6.  A written work agreement offers proof of employment terms. Perhaps a nanny is forced to quit her job because her employer changed her role or responsibilities drastically. Or maybe the nanny’s employer didn’t pay her portion of state payroll taxes, although the employer agreed to.  What if a nanny claims her employer was supposed to be withholding her portion of state payroll taxes, but her employer never agreed to do so? Having written documentation of the employment terms can protect both the nanny and employer when sticky situations arise.

Reason 7. A written work agreement provides clarity to both the employer and employee on crucial issues.  Unlike with a verbal agreement that may be subject to the memory of each party, with a written agreement, there is no question as to what both parties agreed to. A written work agreement should spell out things like house rules, daily responsibilities and duties, pay periods, tax responsibilities, pay and benefits packages, sick days, personal days, holidays off, the nanny’s start date, end date, weekly schedule and more.

Reason 8. A written work agreement is legally binding. A written work agreement, or contract, is enforceable in court. So if an employer doesn’t allow her nanny to take the agreed upon vacation time or if the nanny quits without giving the two weeks’ notice that was agreed upon, legal action can be taken.

Reason 9. A written work agreement serves as a starting point for negotiating. Each year, both the nanny and employer should review the written work agreement and evaluate if it needs to be changed or altered. Even if no changes are needed, a new written work agreement should be executed.

Reason 10. A written work agreement articulates household and employment policies. If a nanny wakes up with a stomach bug and can’t get into work, knowing how and when to notify her employer can help ease anxiety for the nanny and allow enough time for the employer to secure back-up care, should it be needed.

While there are many reasons to have a written nanny/employer agreement, there is really no good reason not to. Take the time to do things right and lay everything out on the table. That way there are no surprises and everyone knows what to expect. A healthy working relationship is vital.

The nanny / employer relationship is an intimate and often emotional one. Establishing boundaries and expectations upfront can provide clarity and structure to the working relationship.

While a verbal agreement may feel like a suitable way to enter into the nanny / employer relationship, having a written work agreement is essential to building and maintaining a professional working relationship.

As you prepare a written work agreement, consider including these 20 things:

1. Who the employment agreement is between. Be sure that the names of both the legal employer and the nanny are included in the agreement. Be sure the names are typed or printed legibly and that both parties initial all pages and sign on the appropriate signature line at the end of all text.

2. Dates of agreement. Include the start and end dates of the agreement, including the time frame of any trial periods. For employees in at-will states, having a written end date may remove them from at-will status.

3. Pay rate. Now is the time to clearly spell out the monetary compensation package that you have agreed to. In addition to hourly pay rate, the pay rate for overtime hours, travel work, overnight hours, babysitting and on-call hours should be included. When determining your pay rate, be sure to comply with Federal and State labor laws.

4. Pay schedule. Include how often your nanny will be paid (weekly, bi-weekly). The payment type (check or direct deposit, for example) should also be included.

5. Tax responsibilities. Indicate in your written agreement the tax responsibilities of both the nanny and the employer. Be sure to include if the employer will voluntary be withholding and paying the nanny’s portion of taxes.

6. Work schedule. Outline the days and hours that make up the nanny’s work week. If flexibility is required, be sure to be specific about how much flexibility is needed and include what days and time frames require the most flexibility.

7. Specific duties. “Light housekeeping” means different things to different people. Take the time to list out each specific duty that the nanny is expected to do. Instead of listing “Keep the children’s area tidy,” write “Vacuum the play area, be sure all toys are in their proper storage units and wipe down the children’s play surfaces at the end of each day.”

8. Responsibilities. Reflect on what you want the nanny to be responsible for and write out those responsibilities in bullet form. These may include things like prepare the children’s meals, schedule play dates, transport the children to school, keep a daily log and maintain a safe play environment.

9. Benefits. Consider what benefits you are offering the nanny and list them out one by one. Benefits may include paid vacation, holidays, sick days, personal days, health insurance contributions, professional days, educational reimbursement, retirement, health club membership and any other benefits you are offering.

10. House rules. It is always good for everyone to be clear on the house rules. Include any rooms that are off limits, how any foods are to be handled (for example in families with allergies or in families who keep Kosher), parking arrangements, children’s screen time restrictions, how the phone is to be answered, policy on guests and play dates and any other items that govern how you operate your home.

11. Car use and insurance. Clarify what vehicle will be used to transport the children, who will provide it and who is to pay for gas and maintenance. If the nanny is using her vehicle, she should be reimbursed according to the current IRS mileage reimbursement rate. The nanny should also provide proof of insurance, indicating that her policy covers transporting children for work. If the employer furnishes the vehicle, be sure the nanny is added to the auto policy. You’ll also want to indicate who is responsible for insurance premiums and the insurance deductable, should an accident occur while the nanny is on the job.

12. Confidentiality clause. Some families wish to include a confidentiality clause that includes what can and cannot be shared about the employment arrangement and the employing family with others. This may also include the directive not to use family photos or names in social media.

13. Reasons for termination. The written work agreement should include reasons for termination, both for cause and for no cause. Any severance agreements and that amount of notice agreed to should be included. The agreement should also include the procedure that is to be followed should the nanny wish to end the agreement early.

14. Electronics usage. With electronics so readily accessible, some employers prefer to stipulate how much time the nanny is authorized to spend on the phone and on the computer during working hours. Some employer’s allow use during nap times and others allow the use for emergencies only. Clearly state your position on personal electronics usage during working hours in your work agreement.

15. Relocation clause. While it may not be foreseeable, agreeing to some basic guidelines should the employer or nanny have to relocate during the employment relationship can help to guide both the nanny and employer through the process.

16. Evaluation schedule. Include if you will be having weekly or monthly meetings and if you’ll be holding quarterly or annual performance reviews. Having a set time to discuss the employment relationship can help prevent any tension from building.

17. How to amend the agreement. Including a statement on how the agreement can be amended can provide clarity on how to proceed when changes to the agreement are needed.

18. The emergency plan. Writing out an emergency plan can help facilitate appropriate emergency responses. Choose an out of state contact that both the nanny and employer can contact should a personal connection not be secured. You may also wish to consider securing a safe meeting place should your home be inaccessible during an emergency.

19. Authorization to treat. Including an authorization to treat a minor form as part of you work agreement package can be sure that this essential tool is completed and ready prior to the start of the working relationship. Include permission for your child to be treated by emergency personnel should you not be able to be reached and include your pediatrician’s contact and children’s health insurance information, as well as all of both parents’ contact information. Include any other pertinent medial information including past surgeries and allergies. You may also wish to consider keeping a copy of the authorization to treat on file in your pediatrician’s office.

20. Live-in accommodations. If you are employing a live-in nanny, be sure to clearly articulate what is included in her accommodations, how meals and food are to be handled and which utilities you are providing.

While writing the nanny / employer work agreement may seem like a tedious project, doing so will prevent miscommunications and provide a reference to look back to if problems or questions arise.

Michelle LaRowe is the 2004 International Nanny Association Nanny of the Year and author of Nanny to the Rescue!, Working Mom’s 411 and A Mom’s Ultimate Book of Lists.

Please also note that families that find nannies through eNannySource.com get access to our legally reviewed nanny employment agreement that is pre-populated with all of the information from your prospective caregiver.