LIVE-OUT AND LIVE-IN NANNY EMPLOYMENT AGREEMENT
This agreement is between the live-in or live-out nanny /caregiver/employee, and the parents/single parent/legal guardian/family/employer. The term children applies to a child, a baby, twins, multiple infants, and young children. The terms she/her/he/him apply to either gender.
During the life of this agreement, the parties can formally evaluate and discuss new conditions of employment as they arise and as often as they consider necessary to amend.
This agreement will automatically renew the day after its expiration, providing the nanny continues working for the employer and no amendments are required.
General Information
The following constitutes an employment agreement between the employer (s) and the employee (the nanny).
The nanny will not do any work for any other person not named herein.
The renewal of this contract will be discussed thirty days before the end.
Employment starting date is: __________/_________/_________. This agreement will expire ___ months after the starting date, ending on: __________/_________/_________.
The employee will work at the following physical residency address: __________________________________________________________________________________.
Family relocation
The employer will communicate to the nanny within three months of an intention to move to a new residential zone that will become the nanny's temporary or permanent working place. Relocating will require amending this contract to accommodate the new commute, new duties for the nanny, schedule modifications, and wages. The nanny will be offered, in advance, the choice to find new employment.
Nanny relocation
Nanny relocation expenses paid by employer (if yes, explain) ___________________________________
Relocation accommodations for the nanny (if yes, explain) _____________________________________
Other relocation benefits for nanny: _______________________________________________________
Nanny schedule. Normal hours are as follows:
_____ Days from _____ to _____
Sunday _____ Monday _____ Tuesday _____ Wednesday _____ Thursday _____ Friday _____ Saturday _____
Nanny's normal hours and pay are guaranteed. Total of normal hours of work per week: _______.
___ Nanny will work overtime and occasional date-nights when prearranged based on her availability. Overtime work (working over 40 hours) is subject to compensation as stated in the State’s FLSA.
The nanny will provide reasonable flexibility in times of the employer’s emergency.
The employer will provide reasonable flexibility for the nanny's emergency.
Live-in nanny
The nanny will retire to her room for uninterrupted recharge and overnight sleep at ____ pm. Interrupted live-in-nanny 8 straight hours of night sleep will be paid at the nanny’s overnight rate (see compensation).
Other live-in nanny provisions (please explain) _______________________________________________
Nanny Responsibilities
The employers’ children will be under the care and sole responsibility of the nanny while the parents are away.
Nanny will provide the necessary forms for family emergency contacts, authorization to act in case of an emergency, and authorization to treat a minor, which she is required to have, with the pertinent updated information visible on the wall, refrigerator, etc., as well as in the nanny’s possession always during her shift.
Families with babies, the nanny will write a daily log recording the baby’s meals, diaper changes, etc., to confer with parents about any issues as they occur, as well as keeping parents informed about their infant’s milestones, promoting efficient communication in a day-by-day basis.
Nanny will be responsible for the care of [Child].
Any addition to the family will be a significant change in the nanny's routine (see compensation).
The nanny is expected to perform all her duties when the parents are away and when the employers are present.
The nanny shall closely adhere to the parents’ family dynamics and philosophical preferences.
The nanny might use her phone during her breaks. The nanny can use her phone during the children’s naps after she has done all her main chores.
The nanny is not to bring visitors to her workplace without the approval of her employers.
The use of the nanny’s cellular phone while on the job shall be used to communicate with parents about important events and emergencies, and other matters that apply to the job.
The nanny is to maintain a cheerful and helpful attitude with the children
The nanny will promote the child's feelings of security, will provide a warm daily environment, and will plan age-appropriate and fun activities for the child.
The nanny’s primary duties are to ensure that the safety, health, education, development, and well-being of the child are never jeopardized.
The nanny's number one priority will always be to keep the children safe.
The nanny will treat the child in her care with kindness and respect, making it possible to protect the child’s integrity at all moments
Especial Considerations
The use of the nanny’s cellular phone while on the job will be limited to the nanny’s occasional emergencies.
The nanny shall be allowed to use her phone during breaks to attend to home responsibilities and update credentials related to her work.
Other nanny responsibilities
It is the nanny's responsibility to immediately notify the family of any sickness, including the condition of any family member in her house, and provide the family with the option to recover at home when the condition is contagious.
Household duties
- Nanny will leave the home in the same or better condition than it was when arriving at work, except for special provisions or circumstances.
- Nanny will do the children’s laundry, fold, sort, mend, and iron as needed.
- Nanny will keep an inventory of formula, milk, diapers, wipes, diaper rash cream, shampoo, lotion, and medications, and will inform the parents when such necessary items are running low.
- Nanny will keep the children’s room and all the common working areas tidy and picked up.
- Nanny will prepare children’s meals and will clean after the children’s meals.
Other duties (parents, please fill in lines)
___ dressing children in the morning
___ Washing hands and face as needed
___ bathing children
___ put children down for naps
___ put children to bed at night
___ make children beds
___ straighten children’s bathroom as needed
___ spot clean the kitchen floor
___ empty dishwasher as needed
Baby and infant-related duties:
___ make bottles
___ prepare mommy’s cooked food
___ prepare simple meals from the store
___ cook simple infant meals
Sanitize/wipe/sterilize as needed
___ stroller
___ swing
___ highchair
___ walker
___ infant seat
___ changing table
___ bottles
___ pacifiers
___ toys
___ potty-training seat
other, ________________________________________________________
Extra duties:
___ tutoring the children
___ cooking special meals for the children
__ shopping for children
___ hardware store
___ online shopping
___ regular doctor/dentist visits and emergencies.
___ other especial activities for the children (explain) _______________________________________
___ car wash
___ car fuel filling
___ grocery shopping
___ dry cleaners
___ post office, returning items
___ drug store
Other (explain) _______________________________________________________________________
Development
The nanny will further the children’s development using materials provided by the parents.
The parents will provide age-appropriate materials that promote the child's color, animal, and shape recognition, textures, numbers, letters, opposites, match games, observation games, puzzle games, health and nutrition, cleaning up after themselves, dressing up, and all age-appropriate development, as well as speech and fine and gross motor skills.
The parents will provide the nanny with age-appropriate materials to encourage their child's good behavior and ethical manners.
___ Nanny will use her creativity to plan activities that will promote the physical, emotional, intellectual and social development of the children.
Parent’s philosophy (parents please fill in the spaces)
___ time out (describe) _________________________________________________________________
___ redirection(describe) _______________________________________________________________
___ removal (describe) _________________________________________________________________
___ positive reinforcement (describe) _____________________________________________________
other (please describe) _________________________________________________________________
Screen allowed for the children:
___ no allowed
___ Allowed for ___ minutes
___ TV or tablet content is allowed as follow: ___________________________________________________________
Restricted as follow: _________________________________________________________________________________
Maximum TV or tablet: ___ hours of use ___ daily ___ weekly.
Special provisions and restrictions:
Family Allergies: _______________________________________________________________________
Children’s special considerations: _________________________________________________________
Special household baby and nanny food restrictions include: ____________________________________
Parents' restrictions on the nanny in their household:
___ Street shoes not allowed in the house
___ The nanny can use indoor shoes inside the house
___ Restricted areas of the home _____________________________________________________________
___ Dress code _____________________________________________________________________________
Other restrictions for the nanny _______________________________________________________________
Hygiene
- Nanny is to wash her hands before every feeding and, before/after each diaper change, and as often as necessary.
- Children's plates, cups, bottles, and utensils are not to be used by the nanny or other children at the same time.
- Nanny is to ensure that no other person besides parents and siblings is allowed to kiss children on the mouth.
___ other hygiene provisions (explain) ___________________________________________________
Nanny breaks
The nanny is to take time-outs, bathroom and meal breaks as often as the nanny feels convenient without leaving the children unattended.
The nanny is to have a reasonable recharge time during the children’s naps or downtime.
The nanny will use her recharge time responsibly after finishing her main chores.
A live-in nanny will be allowed to go to her room during the day without leaving her main chores undone.
Transportation
- The parents will fill out an authorization form provided by the nanny to transport the children in a vehicle. The nanny is required to carry an updated authorization inside this vehicle.
- The nanny will always drive safely while the children are in the car.
- It is unacceptable for the nanny to drive recklessly, especially while the children are in the car.
___ The nanny is required to transport the children to and from activities Y N
List all known activities in which the children will be transported by the nanny _______________________________________________
Nanny is to transport the children via (check all applicable)
___ driving
__ walking
___ bus
___ carpool.
Other___________________________________________
___ nanny will strictly drive a vehicle provided by the employer for the children’s transportation.
The employers will provide means to fuel the children's transport vehicle, maintenance, insurance, and vehicle-related costs.
The nanny agrees to pay for the fuel and to keep the parent's vehicle clean when she uses it outside the job with her employer’s consent.
The employer will compensate the nanny with $ _____ US dollars, for fuel and depreciation of her car, or, the minimum rate enforced in the state of ___ per mile when the nanny uses her vehicle on the job.
Pets:
The nanny’s job is to focus on the children in her care. The nanny service for the pets in the household will be limited to filling the pets’ water and food bowls as the nanny sees it appropriate.
___ other pet provisions: (explain) _______________________________________________________
Employer’s Responsibilities
All adults in the house are responsible for setting limits on what constitutes inappropriate behavior for the child, using methods that preserve the children’s dignity and integrity.
The employers authorize the nanny to implement positive child-rearing methods that ensure the child's safety, dignity, and well-being, both in the family's presence and absence.
It is the employer's responsibility to hire other professionals to perform installations, lawn and gardening, window cleaning, deep house cleaning, and pet care services.
It is the parents' responsibility to notify the nanny of any sickness in the house, including the condition of any family member, the parents, or the child, and provide the nanny with the option to go home when the condition is contagious.
Compensation
The Employer is responsible for ensuring that the Nanny is fully and timely compensated for all hours worked.
When the employer utilizes a payroll service and the payroll service fails to deposit the wages, the employer shall immediately provide payment directly to the Nanny. The Employer will promptly notify the payroll service of such payment and require that it be reflected in the payroll records for the corresponding pay period, including accurate year-to-date totals and all applicable withholdings.
The employer will request the payroll company to email the nanny a copy of the payment statement for the period paid by the employer.
Nanny wages will be paid weekly, on each Friday.
Nanny gross wages will be $ _____.
A wages review will take place _____ months from the date of employment and 1 year thereafter.
The employer might increase the nanny's wages based on the nanny’s performance and other changes that might alter the job description.
Any additional child will increase the nanny's wages by an extra $5.00 per child per hour.
Employers agree to deduct all required taxes from every paycheck, including Social Security and Medicare, corresponding to the nanny.
The employer is responsible for making sure the nanny receives a W-2 form at the beginning of each calendar year.
The employer will compensate the nanny for her normal wages during the following event:
- When the family leaves, in which event the nanny services are not required. However, employers might substitute child-related work during the days the entire family will be absent.
Overtime and overnight work
Overtime and overnight hours of work shall be reflected in the nanny's payroll.
Overtime will be paid at 1.5 times the nanny’s normal rate. The nanny overtime pay is $____.
The nanny agrees to work overnights when pre-arranged based on her availability.
The nanny agrees to a $ _____ night fee, plus an hourly fee while the baby is awake.
Overnight fees begin at 6 pm. An hourly fee will be charged each time the baby wakes up, ending at the time the nanny leaves the house.
Live-in or live-out nanny overnight rate is $ _____ per hour.
Live-in nanny
8 hours of uninterrupted sleep in the nanny room is not considered overnight work.
Live-in nanny
8 hours of night sleep when the nanny sleeps in the child’s room is considered overnight work.
Any hours worked above 40 are considered overtime when the nanny's regular workweek consists of 40 hours. If the nanny has agreed to a reduced schedule of 30 or 35 hours per week, overtime will be calculated only after reaching 40 hours of work.
Paid time-off
___ jury-duty
___ sick days
___ personal days.
Upon completion of ___ months of employment, the nanny will take ___ paid days vacation.
The nanny’s vacation ___ will have to ___ will not have to coincide with the family’s vacations.
After ___ months of employment, any vacations not taken by the nanny will be paid-out ___ or, ___ carried-over.
At the job separation, any unused paid time off will be paid out.
Paid Holidays
The nanny will be given the option to take the Friday before a paid holiday or the Monday after the paid holiday off, for the holidays that fall on a weekend.
Federal holidays:
___ New Year’s
___ MLK
___ President's- day
___ Memorial-day
___ Jubilee
___ Independence-day
___ Labor-day
___ Columbus-day
___ veteran’s-day
___ Thanksgiving-day
___ Friday after Thanksgiving
___ Christmas-eve
___ Christmas-day
___ New Year’s-eve
Covid-19
The nanny will return to work 24 hours after the temperature of anyone in the household who tests positive is back to normal.
The nanny will strictly follow the CDC guidelines.
Meals
Meals provided by the employer during the nanny’s shift (employer to fill the spaces)
___ breakfast
___ lunch
___ dinner
___ snacks
___ water
___ coffee
___ tea
Other _________.
Travel
The nanny traveling with the family is a luxury considering the expenses. Traveling with the family is also optional for the nanny. When the nanny agrees to travel with the family, her compensation is an extra expense for the employer. An inconvenience charge of $ ___ for agreeing to travel with the family is justified.
When the nanny agrees to travel with the family, she will provide the employer with a separate agreement designed for nannies traveling with the family.
The nanny agrees to travel with the family? Yes ___ No ___.
Upon availability, the nanny agrees to travel with the family when ___ weeks of advance notice is given.
Is the nanny required to travel with the family? Yes ___ No ___.
When traveling with the family, a reasonable time adjustment will be allowed for the nanny.
When traveling with the family, employers agree to provide the nanny's airfare, accommodations, and meals in full.
When traveling with the family, the employer will be responsible for all recreation and activity expenses for the nanny and the family's children.
When traveling with the family, employers will pay the nanny's normal hourly wages even if the nanny is required or not during her normal hours, in addition to overtime pay.
Special provisions: ____________________________________________________________________
When traveling with the family and the family’s children spend the night in the nanny’s room, parents will pay the corresponding overnight fees at the nanny’s overnight rate in addition to her normal pay.
The family will make every effort to respect the nanny's time breaks to ensure proper recharge time for the nanny.
Expenses and reimbursements (nanny and employer fill in the following section)
Employers will provide tickets, meals, and other child-related expenses for the nanny and the family's children while with the nanny.
Nanny will be provided with ___ cash, or, a ___ credit card (with the nanny’s name on it) for all related child’s expenses while in the care of the nanny.
The nanny agrees to provide receipts for the employer’s approved expenses paid by the nanny.
The nanny is not permitted to use the employer’s cash or credit card for personal purposes without the written consent of the employer.
The nanny agrees to provide receipts for reimbursement transactions authorized by the employer, but accidentally paid out of the nanny's pocket.
The employer agrees to reimburse the nanny as soon as possible for authorized transactions made out of her pocket.
Additional benefits (employee to fill this section).
___ nanny training
___ health insurance
___ child development continual education
___ 401-K
___ first aid, water safety and CPR updates
___ work phone
___ car insurance differential
___ vaccines and health tests
__ discretionary bonuses
___ 0ther (explain): ______________________________________________
Nanny Background and Monitoring
The nanny agrees that she might be subjected to random background checks by her employer.
The employers will cover any fees associated with the nanny's FBI background clearance and motor history checks.
The employee will promptly inform the employer of any tickets, arrests, misdemeanors, or felonies she might face during her placement.
The nanny agrees to live and recording equipment for security and monitoring.
The employer agrees not to use monitoring cameras in the nanny's bedroom and in the bathrooms in the house.
Evaluation
The employer agrees to provide the nanny with at least one annual written performance evaluation.
The employer agrees to openly and promptly discuss the nanny’s concerns that might affect her performance at the workplace.
The employers agree to openly and promptly communicate with their nanny about any performance issues, and to confer viable methods of performance improvement.
Employer agrees to listen to the nanny’s concerns at the workplace and will provide follow-up feedback.
Family friends and visitors
The parents agree to respect the nanny’s working routines during family and friends’ visitations.
Other family members and friends visiting with small children will be responsible for the care of their children.
Taking care of other children of the family and the family's friends visiting will constitute extra work for the nanny.
Taking care of other families' children and the children of the family's friends will be at the nanny's discretion.
The nanny’s fee per child is $5.00 in addition to her normal hourly rate.
___ other visitors’ provisions (explain) ____________________________________________________
In the event of a deadly natural disaster, the nanny will be required by the employer to guard the safety of every child in her care. In the case that the nanny is not humanly able to save everyone before help arrives, the nanny is required to save ___ the family’s children first ___ the children of the family’s friends or another family member.
Termination of agreement
The employer will provide the nanny with a written verification of employment letter stating the duration of the nanny services and her duties.
At the end of the employment, the employer will provide a letter of recommendation containing the nanny’s relevant information, such as strong demeanor, skills, and performance at work.
The employer and the employee agree to immediately communicate any issue of conflict that might arise at the workplace.
As a back-up measure, both parties agree to seek professional advice to bring the employment back to common ground in good faith.
Either party may terminate this agreement for any unethical reason within ______ days’ notice.
After separation, any reimbursement owed to the employer will be paid by the nanny, for example, reimbursements for advancements or loans.
After separation, any reimbursement owed to the nanny will be paid by the employer, for example, reimbursements for relocation expenses or other authorized transactions not paid on time.
Employer will terminate this contract without pay or warning for one of the following offenses:
___ nanny smoking in the presence of the children
___ nanny taking illegal drugs.
___ nanny drinking alcohol at work.
___ nanny harsh treatment or excessive discipline on the children.
___ nanny brings unapproved guests to work
A due cause that will terminate this agreement within 24-hour notice is: ________________________
Employers can terminate this agreement with two weeks’ notice. The employer will pay the nanny her normal wages in addition to any reimbursements owed.
The employer will compensate the nanny with two paid weeks for early termination.
If the employer extends a termination notice, the nanny will receive her normal pay in addition to any reimbursements and other compensation owed.
The nanny will reimburse the employer for any amounts owed.
The employer might want to deduct amounts owed by the nanny from the nanny’s final paycheck.
This agreement can be terminated for due cause. A due cause can be such as the employer’s breach of contract, or, the nanny’s total or partial disability, or, for any reason or illness and for the inability of the nanny to perform her duties for a period exceeding ___ consecutive weeks, and, with two weeks of termination notice to the employer, and, with paid-work at the nanny’s normal rate in addition to all amounts owed to the nanny,
Confidentiality
From the date of this agreement and thereafter, all confidential data, videos, and photos of a personal or business nature, written or verbal, regarding the employer or the family will remain private. The employee agrees not to reproduce, release, share, or disclose on any platform or social media, or to give permission to any other person, without the previous written authorization of the employer.
The employer agrees not to reproduce the nanny’s confidential information, nor to release, share, or disclose personal information, video, and photos of the nanny on any platform or social media.
Any property and confidential files of the nanny will be handed to the nanny at the time of separation or mailed to the address on file. The employer agrees to destroy the nanny's files when not handed or mailed.
Information about the nanny will be disclosed only for employment and government purposes with the nanny's consent.
Other employment provisions: A blank space shall be provided for other provisions
Both parties allowed a reasonable time to review these terms and agree to proceed.
In consideration of the employee, the employer agrees that the nanny signs first.
Signatures:
Name of the employee: __________________________________________
Signature of the employee
________________________________________ Date: ________________
Name of the employer ___________________________________________
Signature of the employer:
_______________________________________ Date: ___________________
Name of the employer ___________________________________________
Signature of the employer:
_______________________________________ Date: ___________________
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