When you start a new job as a nanny, you may agree to working terms by a verbal or handshake agreement. After all, you want to establish a good relationship with this family, and asking them to sign a formal contract might feel uncomfortable.
Imagine you start working for a new family without a contract and then it quickly becomes apparent that they expect you to be available on statutory holidays and work two full weeks in a row with no break. Without a contract, you would have nothing legally binding to fall back on. To prevent such unfortunate situations, it’s always a good idea to use a written contract with your employers.
Formal written employment contracts are not required under Canadian federal law, but in some provinces, such as BC, they are mandatory for domestic workers, which includes nannies. Check your province’s Employment Standards Act to see which rules apply to you. Whatever the case may be, having a formal written contract is always a good idea. This should ideally be done before you start working, but definitely within two months of your start date. Beyond fulfilling legal requirements, a contract also establishes up front exactly what both parties are expecting of the arrangement, which makes for a better working relationship.
Here’s what you need to know about the benefits of using a nanny contract, what it should include and how to obtain one.
Why you should use a nanny contract
Even if a verbal agreement can technically be considered a contract, it becomes much harder to prove what was agreed if you don’t get everything down in writing. Additionally, when a contract is concluded verbally, what you agree upon is open to interpretation. A written contract helps ensure you and your employer are on the same page about your role and what’s expected of both parties. You can make sure that any ambiguities are ironed out before starting work so that everything is crystal clear.
It’s also important to note that requesting a contract adds a layer of professionalism. Instead of coming across as difficult or high maintenance, you’ll gain more trust and respect from the families you work for. It shows you take the role seriously enough to set boundaries and protect yourself so you can focus on doing a great job as a nanny.
What to include in a nanny contract
Aim to include the following in any nanny contract with the families that employ your services:
1. Your role and nanny responsibilities
It’s really important to have a very clear, detailed outline of the responsibilities that are expected by the family.
For example, many parents put “light housekeeping” in their job descriptions. The family could interpret this as vacuuming the entire house, whereas the nanny may think it only means taking care of the areas of the home related directly to childcare. The trick here is to be clear in the contract, outlining in detail the responsibilities that are expected and agreed to.
This also means that if the family later asks you to do something that falls outside the original agreement, such as look after a friend’s dog or take care of another child, you can always refer back to your contract and say that this was not agreed to.
2. The employer family’s responsibilities
While your contract should state your responsibilities, it should also explain what the employer will offer. For example, will they provide you with a credit card or cash for outings with the kids, or would you need to pay upfront and request reimbursement later?
3. Your pay rate
Your contract should clearly state your hourly rate, how overtime pay will work, what your employer is withholding for taxes and how and when you will receive your pay. As an example, based on 2022 national averages on Care.com, nannies in Canada earn an average of $18.85 an hour.
4. Paid time off, including sick days
In Canada, almost all workers are legally entitled to at least two weeks’ paid vacation a year after the first year of employment, and three weeks after five years, though this differs from province to province. This figure is for full-time work, so working part-time hours may amount to fewer paid vacation days. To find out how much vacation pay you’re entitled to, take a look at the employment standards in your province (BC, Alberta, Ontario), and make sure your contract indicates this. It should also outline how you’ll handle sick days and whether any of them will be paid.
It’s worth considering that even if you’re physically capable of working, you don’t want to bring germs into the house, so you should have a mutually understood policy on what you’ll do if you’re sick.
If your family asks you to accompany them on long trips, it can also be a good idea to request a guaranteed day off. The most important thing is to be realistic about your needs for time off and have them explicitly stated in your contract.
5. Your work schedule
Your contract should also state the planned days and number of hours that you are agreeing to work, including when you start and finish a shift. It should take into consideration maximum weekly working hours (BC, Alberta, Ontario).
The contract should also outline what to do if the parents can’t stick to the schedule. A one-off emergency is one thing, but if such schedule changes become a regular occurrence, the contract should state how to handle this.
6. Terms of termination
The contract should also include the terms of termination and how things will be handled if circumstances change and you need to part ways. If you resign, it’s common to give two weeks’ notice if you’ve been in your job for more than a month, and it’s always best to give notice in writing; however, you are not legally required to give notice in most provinces, including BC and Ontario. Alberta, on the other hand, requires employees to give at least one week’s notice. Generally, you’re entitled to your normal pay rate during your notice period.
If your employer decides to dismiss you, you must be given at least the notice stated in your contract or the statutory minimum notice period in your province, whichever is longer. Your employer may also be required to say if there are any specific grounds for your dismissal.
7. Performance review schedule
It’s wise to include a provision for reviews in the contract based on your personal preference. Some nannies may want regular reviews every month to get on the same page as the parents and receive feedback. Others may want one check-in at 30 days and another at six months. Having this outlined in advance can be really beneficial for setting expectations.
8. Other topics for the contract
Other information in a contract might include details of how amendments can be made to the contract, any house rules, driving rules and responsibilities, any benefits such as additional private insurance, and whether the nanny is expected to come on family holidays.
Where to get a nanny contract
If you are working with a nanny agency, the agency will likely require you to use a contract. The contract they provide can be a good place to start, but you can also amend this contract to make sure it meets your personal preferences and capabilities.
If you’re not working with an agency and are looking for a budget-friendly option, you can download our free sample nanny contract.
Asking your new employer family for a contract may feel a little uncomfortable at first, but keep in mind that it protects you and the family and reinforces that you are a professional with rights. Remember that nannies work in a specialized field; this is not the same as doing a favour for a friend or family member. As a nanny, you are helping raise people’s children, so the profession needs to be taken seriously. Working under a contract is a simple yet effective way to stand up for yourself as a nanny and legitimize your career.