Even if your babysitter only watches your children occasionally, a contract or written agreement can serve as a tool to get you both on the same page, as well as prevent uncomfortable misunderstandings. These agreements can be especially helpful if you’re working with someone new or bringing a babysitter on for more frequent or routine childcare.
If you have a routine babysitter who comes on a fairly regular basis, say every Saturday night, you may wish to formalise your arrangement with them. But even if you have an infrequent but go-to babysitter you’ve been working with already, settling on a written agreement is a great way to make the relationship official and ensure all parties feel secure in what is expected of them. Here’s what you need to know when it comes to babysitter contracts.
When is a babysitter contract necessary?
Not every babysitting relationship warrants a formal written agreement. For example, it’s uncommon to establish a written agreement when the babysitter is a family member. But if you’re hiring a babysitter you aren’t related to, there are legal reasons why you would want a contract in place, since Australia takes its employment legislation very seriously and has strict employment entitlements that must be adhered to.
Not only do you make yourself liable for anything that goes wrong once you invite somebody into your home for business purposes and others, you also have certain obligations to meet in terms of fair pay and working conditions. The agreement doesn’t need to be a 20-page document full of fine print—even a brief babysitting contract that covers the main points is better than nothing.
Ultimately, whether you decide to put together a contract with your babysitter is up to you, but generally speaking, the more routine the care, the more helpful having a formalised agreement can be to establish expectations.
What should your babysitter contract include?
A babysitter contract doesn’t need to be as comprehensive as a full-time nanny contract, but it should include enough information to get everyone on the same page about the important details. How long your agreement is will depend on how formal the arrangement and how specific you want to be. That said, here are the basics you’ll want to include.
Key components:
1. Names and ages of children, parents/guardians and caregiver, as well as contact info for parents/guardians and caregiver
2. Effective start date and end date (if applicable)
3. Compensation information:
- How much will the babysitter be paid? Will it be an hourly rate? By day? Will they be on a retainer fee? And remember, these details should be specific and must be in line with national minimum wage rates.
- When will payment be given? Should they expect to be paid when you get home? Or, for longer-term arrangements, will they be paid fortnightly or monthly?
- What factors will increase or decrease pay? Will the rate increase on public holidays or weekends? If you have to cancel at the last minute, will they still receive partial pay? How will they be compensated if you get home later than you agreed? Consider any factors that might result in rate changes and how those changes will be determined. A good place to start is the Fair Work Ombudsman.
- What other expenses will be reimbursed? If the babysitter takes your child to the zoo, will they be reimbursed for travel, the price of admission or lunch? Be clear about what you are willing to pay for beyond the babysitter’s standard pay.
4. The babysitter’s commitments:
- How frequently will the babysitter be providing care? Will care be provided three times a week or simply as needed? Outline the expected time commitment, if possible.
- What do you expect in terms of care? Will the babysitter be expected to play with the child, cook and serve meals, put the child to bed, bathe them or do any housework? Specify what tasks are included in the compensation rate.
- What (if anything) will the babysitter be expected to provide? Will they need a reliable vehicle and a valid driver licence? Will they need a Working with Children Check or a Police Check? What about a mobile phone? If any items will be essential for the child’s care, but will not be provided by you, it’s important to outline them.
- What special needs should the babysitter be aware of? If they are caring for a child with special needs, such as autism or a serious food allergy, the contract should outline very clearly any guidelines and procedures the babysitter should follow in order to avoid costly or potentially fatal mistakes.
5. Emergency procedures:
- What should the babysitter do in case of an emergency? Many families already know to write down emergency contact numbers for the babysitter. It’s crucial information for caregivers, which is why it should also be clearly outlined in the written agreement. By signing the contract, it confirms the babysitter has read and understands what they are expected to do in the event of an emergency.
6. Termination procedures:
- Who can end the agreement, and under what circumstances? This one is essential to avoid any uncomfortable disagreements in the event you have to dismiss your babysitter or they choose to stop working for you. Typically, the agreement should outline whether either party will have the right to terminate the agreement at any time or whether notice must be given.
- If notice must be given, then how far in advance? Will the babysitter need to give notice if they don’t intend to work for you again? For as-needed care, this might not be necessary, but if you rely on your babysitter for routine care, make sure to outline how far in advance they should give notice so that you have adequate time to find a replacement.
- Will payment be due in the event of termination, and if so, how much? When will it be issued, and under what circumstances? If your babysitter is paid on a routine schedule rather than per session, this will help them know what they are entitled to in the event either of you ends the working relationship for any reason.
What other details should you agree on?
While not required, you might also want to include other components that offer the babysitter more detailed guidance on what you expect of them, especially if they will be watching the child on a routine basis, or for an extended period. Even if you don’t include these details in the contract, it’s worth talking through these things:
1. House rules: If you have any specific limits for the child—like no lollies or soft drinks, or no screen time an hour before bed—outline them clearly.
2. Social media policy: Will the babysitter be allowed to post photos of your child online? If yes, are there any precautions they should take to protect the child’s privacy?
3. Off-limits conduct and consequences: Is the sitter allowed to have visitors? Use the computer? Are there specific parts of the house where they shouldn’t go? And if these restrictions are violated, will it be grounds for dismissal? Will pay be deducted? If so, clearly outline what will happen if the sitter violates any specified restrictions.
4. Health expectations for the babysitter: Are they expected to be up to date on vaccinations like the flu shot? Under what circumstances should the babysitter not watch the child—for example, if the babysitter has a temperature above 38 degrees?
5. Procedures if your child become ill: What steps should the babysitter take to alert you if your child develops signs of illness—such as a fever over a specific temperature, vomiting or diarrhoea—and who should be contacted if you can’t be reached? Do they have permission to give the child medications like ibuprofen in the event of fever?
6. Child’s schedule: If your child needs to stick to a specific routine, clearly outline the schedule. For example, if the child should eat dinner at 5pm, bathe at 6:30pm and be in bed by 7pm, include that itinerary.
5. Discipline: What discipline is expected and what isn’t? If you have a very specific way you’d like your child to be disciplined—such as using redirection instead of punishment—it’s important to make that very clear for the babysitter.
6. Tax withholding and reporting (see section “What about taxation and superannuation”): Employers should outline how they’ll handle withholding and reporting taxes on wages as the “employer” and outline their responsibilities in the agreement.
What’s the best way to discuss written agreements or contracts?
While some parents or guardians might feel like a written agreement or contract with a babysitter is “overkill,” your relationship with your babysitter is still a working relationship. You are providing them with compensation for a specific service. Just like you’d have an agreement with a licensed childcare centre or nanny, communicating your expectations is critically important with anyone who provides frequent or routine care for your child, including babysitters.
Even so, establishing such an agreement with someone—especially if you already have an existing relationship with them—can feel a little awkward. Here are some tips to help the process go more smoothly.
- Be upfront: Clearly explain why you think a written agreement is a good idea for both you and the babysitter, and how establishing the framework will benefit your working relationship.
- Be fair: Babysitting contracts are designed to protect both parties. Be mindful of how the needs and concerns of the babysitter are reflected in the agreement, and avoid drafting something that is too one-sided. You might even find it helpful to sit down with the babysitter, download a blank babysitter contract template and then complete it together to make the creation of the document more of a joint discussion.
- Be clear: Avoid using language that is overly broad or murky and may lead to misunderstandings in the future. You don’t have to include every last detail, but make sure the information is specific enough that there won’t be confusion over how it should be interpreted.
- Be open: Sit down with your babysitter to discuss each line of the agreement and provide an opportunity for them to ask questions or offer suggestions. This will help them feel like the agreement is mutually beneficial and helpful. Once the agreement has been written, both parties should be given a chance to think it over or consult a legal expert before signing.
- Be aware: Even the most thorough document can miss valuable (but unforeseen) information. Use the agreement as a reference point for ongoing discussions about your arrangement, and update it as needed.
What is the absolute bare minimum you should do?
While a written agreement can be a formal legal one, it doesn’t have to be. If you choose to forgo a contract, it can still be helpful to write down all the important information a babysitter needs to know and have it in one place for reference. This might be the child’s schedules, allergies, emergency contact information and house rules. Even if the document isn’t signed and dated, answering some of the questions above—even verbally—can help get everyone on the same page.
