So, you’ve interviewed a slew of candidates and have finally found the perfect nanny. Now what? Before jumping in and having your nanny start caring for your kids, it’s important to make sure you’re clearly aligned on expectations surrounding this job. A formal contractual agreement, or nanny contract, can help with that and, ultimately, protect your family and the caregiver.
Having a contract avoids any kinds of miscommunication, and it avoids any grey areas. The family just wants to make sure the nanny is treating this job like a professional career just as they would at a desk job in a big Canadian city. By having a contract, they’re saying what they agreed upon, and having this in writing helps solidify things.
Indeed, a contract is an indispensable tool to ensure everyone is on the same page and remains that way for the duration of employment. Here’s why you should consider drafting a nanny contract, what you should include in it, and how to make it happen.
Why a nanny contract is a must
Sure, a contract may feel weighty and formal, and the idea of having to work through the details of one with someone you don’t know very well yet can seem awkward. But putting a contract in place upfront will ensure that you are on the same page about important topics — it’s much worse to tackle them when problems arise — and will end up protecting both you as the employer and the nanny as your employee. In fact, many nanny agencies require the use of a contract.
This is because a contract protects a family during the term of the employment, as it allows them to hold the nanny accountable for what the job description and job duties are going to entail. There are, in fact, family lawyers who specialize in creating nanny contracts for families.
Nanny contracts remain in place throughout the nanny’s time with your family, which means it will set clear expectations from the get-go and can also help if the nanny isn’t holding up their end. For example, if the nanny is supposed to take the kids to gymnastics on Tuesdays but fails to do so, or if they were supposed to go on the family vacation and refuse to go, the contract gives the family an easy way to address the issue and point out that she is breaking the agreement.
It gives them a basis for getting their employee to do their job and evaluating them. If the nanny is supposed to do something in the contract but has not done it, it gives the family a forum to have these discussions. And if it’s just not working out, and the nanny is not meeting the expectations that are set out in the contract, then it’s much easier for them to let them go than with a subjective, ‘Well, it’s just not working out.’
Having all the rules, expectations, and terms of employment in a contract helps both sides if there is ever a dispute.
For example, if there’s ever any claim for pay or benefits or vacation or hours, all of that is in writing, which protects everybody in the long-run.
Find a sample nanny contract online or meet with a lawyer
One way to quickly get a nanny contract is to download a free sample contract from Care.com. There are also various pre-made nanny contracts online, most of which require a fee to download.
If you want a contract completely customized for your family, you can create your own; you just need to have you and your nanny sign and date it. However, if you don’t have a legal background, you may want to pay to have a lawyer review it to ensure you’re not leaving out anything important. Another option is to pay a local civil and/or contracts lawyer to draw up a tailor-made contract for you. Some lawyers charge flat fees for creating these types of contracts, while others charge by the hour, and the cost ranges depending on the lawyer’s level of experience.
What to include in a nanny contract
Here are some of the key items that should be included in your nanny contract:
1. Job duties: child care, household work, and pet care
Sure, you want your nanny to take care of your child, but will their duties extend to some household work, too? Be sure to outline the roles and responsibilities expected of your nanny, and be very specific. Specify whether the nanny’s duties include things like cooking, cleaning, or taking care of pets.
A family may think, ‘Well, of course, they’re going to cook dinner every night.’ And a nanny may think, ‘I would never cook dinner. I’m not a cook. I’m a nanny.’ But if there’s not a discussion about this and it’s not in writing, then that can be difficult to sort out.
Pro tip: Avoid vague terms like ‘light housekeeping’ and instead itemize duties so that they are very clear.
2. Hours and pay: overtime, taxes, and schedule of payment
Your contract should outline the schedule the nanny is being asked to work and how much they will be compensated. It should clearly state the hourly rate and what their gross salary comes to, along with overtime rates.
This really helps to go over the hours expected. If a nanny is working over 40 or 45 hours in a week, it needs to be made clear if they are getting paid time and a half.
If you’re not sure what’s reasonable for pay, according to payscale.com, the national average weekly pay for a nanny in Canada caring for one child is CAD $636.40.
The contract should also state when and how the nanny will be paid, and who is responsible for withholding taxes. If you plan to give your nanny any bonuses or raises, this should also be covered in the contract, Thomason says, and it should be clear if they will be automatic or dependent on job performance.
3. Time off: vacation, sick days, and backup care
Your contract should clearly state which holidays the nanny gets off and if the nanny will receive any paid time off. Two weeks of paid vacation per year is typical, though it’s important to indicate if the dates are up to the nanny or the family. In some cases, the timing of one of the weeks is the family’s choice, and the other week is the nanny’s choice. This is so the family can take a vacation the same time as their nanny to reduce the amount of time they have to find an alternative caregiver.
The contract should also clearly state if your nanny is expected or allowed to go on family vacations with you, and if so, what the pay rate is during that time.
Lastly, your contract should cover how much paid sick time your nanny will get. Five paid sick days is common for full-time nannies, but it can vary depending on your province’s laws and your preferences. It’s often wise to include details on what should happen if the nanny is too sick to come in for work but has used up all their paid sick days — and any emergency backup care that might be available. For instance, you may want your nanny to be responsible for supplying a backup caregiver if they are unable to make it to work.
4. Transportation details
Transportation is an important safety issue that should be covered in your contract. It should outline if the nanny is allowed to transport your child regularly, and if not, if they are permitted to transport your child in an emergency. If driving is permitted, it should also say if the nanny will use their own car or your family car, and if there is a child safety seat provided and installed by your family. It can also include whether the nanny will be reimbursed for gas and/or mileage.
5. Performance reviews
Some nannies and families like to set official milestones for reviews. This could be to simply check in and see how things are going or to determine if the nanny is eligible for a raise. Some nannies like to sit down once a month for a review while others may want an initial 30-day check-in and then an official review after six months. Talk to your nanny and find out what feels best for them and your family.
6. Termination
It’s wise to list your official grounds for termination in the contract so you and the nanny are aware of what constitutes grounds for dismissal. This could include theft, substance abuse, or continuously showing up late. Keep in mind that employment laws can vary by province, so consult with a local attorney to see if there are any employee rights you should be aware of.
Your contract should also include how much notice is required if either you or the nanny decide it’s time to part ways. It’s common to have two to four weeks’ notice so you have time to find a new nanny or other child care arrangements and the nanny has time to find a new job. If you’re letting go of the nanny for reasons unrelated to her performance, it’s common to offer two weeks of severance. But if you’re firing her for a misstep, it’s more common to give severance of just a week, or no severance at all.
7. Amendment process
As your kids grow and their needs change, it’s likely you’ll want to add to or adjust the contract.
You’ll probably want some provision in the contract that says that the policies about the child’s day-to-day care will be amended as necessary.
8. General house rules and guidelines
There are several important items to be clear on that are very relevant to nannying but aren’t applicable to general employment contracts in Canada. For example: is the nanny expected to swim? Are they required to not wear perfume? Do you require them to have CPR certification and flu shots? Do they need to keep the child on a special diet?
You may also want to include information about whether it’s appropriate for the children to be disciplined, and if so, what that may entail.
How detailed you get about child care in the contract is totally up to you as the employer. Some parents can get very specific. They say how frequently the children should eat and when their diapers should be changed. On the other hand, others don’t include much detail at all. It really depends on how experienced the nanny is, how experienced your family is with nannies and what feels right to both of you.
At the end of the day, you can always add things in writing that maybe aren’t as formal, like information on medications they take or that they need to be taken to gymnastics on certain days, just to give the nanny some direction, and again, just to put things in writing so that everybody is on the same page and has the same understanding about what’s going to happen.
You may also want to include details about whether your nanny is allowed to post pictures of your child on social media and if you will be using a nanny cam to monitor them.
While you may feel reluctant to ask your new nanny to use a written contract, keep in mind that it can help you and your employee start off on the same page and feel protected if anything goes amiss later.
To conclude, if the nanny previously agreed to something but is now refusing, you could look back at your nanny contract, and it would be grounds for discussion. It all comes down to expectations, and if the nanny is not abiding by what’s in that agreement, it ultimately gives the family grounds for finding a new nanny.
