Family / Nanny Work Agreement
Fill in the fields below. Use + Note on any section to add custom language, and ✕ Remove to drop sections you don’t need. Your answers are saved automatically.
Tip: In the print dialog, set Destination to Save as PDF.
Free sample from Nest Payroll — not legal advice. Consult a licensed employment attorney before use.
This agreement is entered on , between (“Family”) and (“Employee”) for the employment of a childcare provider in the Family’s household.
Employer & Employee Information
Children in Care
Background Check
As a condition of employment, Employee consents to a background check prior to or within the first week of hire. Results are kept confidential. Family will comply with applicable state and federal fair-chance hiring laws before taking any adverse action based on results.
Employment Terms
At-will employment. Either party may end the relationship at any time, with or without cause. Although at-will, both parties agree to provide two weeks’ notice as a professional courtesy whenever circumstances allow. See the Termination section for cause-based provisions.
Schedule & Hours
Employee will submit a timesheet each pay period. Schedule changes will be discussed and agreed upon in advance when possible.
Compensation
Employer will withhold all required federal and state taxes and provide a paystub with each payment. Overtime is paid per applicable state law (e.g., over 8 hours/day or 40 hours/week in California).
Tax Withholding & Forms
Employer will withhold federal and state income taxes, Social Security, and Medicare (FICA) as required. Employee will complete Form I-9 and Form W-4 within three business days of hire. Employer will provide Form W-2 by January 31 of the following calendar year.
Workers’ Compensation
Employer will obtain and maintain Workers’ Compensation insurance as required by state law. Proof of coverage will be provided to Employee upon request.
Expenses & Reimbursements
Pre-approved, work-related out-of-pocket expenses will be reimbursed. Employee keeps itemized receipts and submits them for reimbursement each pay period. Employer will not require Employee to pay for business expenses that would reduce Employee’s net wages below the applicable minimum wage.
Mileage Reimbursement
Employee will be reimbursed for pre-approved driving done on behalf of the Family at the rate above. Employee logs mileage on the weekly timesheet. Personal commute to and from the worksite is not reimbursable.
Vacation / PTO
Employee receives the vacation hours above as an annual flat grant — not accrual-based. The full grant is available each year (or prorated for partial years at the parties’ discretion). Vacation timing is mutually agreed upon with the advance notice specified above; the Family will make reasonable efforts to provide at least two weeks’ notice of any family vacation that will affect the schedule. When the Family does not need the Employee during regular hours (e.g., a family trip), the payment policy above applies. Unused vacation will be paid out upon separation where required by state law. Paid sick time is addressed separately in the Sick Time section.
Overnights & Travel
When travel away from the worksite is required: Employee is paid regular hourly wages for all hours actually worked plus the per diem above. Travel time counts as hours worked. Family covers all transportation, meals, and lodging costs not covered by the per diem.
Sick Time
Employer provides the above hours of paid sick leave per year as a flat annual grant, meeting or exceeding all applicable state law minimums. Sick leave may be used for Employee’s own illness, medical or preventive care appointments, or to care for a family member as defined by applicable law. The full grant is available from the start of each year (use may begin after 90 days of employment unless state law provides otherwise). This grant does not accrue — unused hours do not carry over unless required by law. Employee will give as much advance notice as reasonably possible so Family can arrange backup care.
Meal & Rest Breaks
Breaks are provided per applicable state law. Generally: an uninterrupted 30-minute unpaid meal break after 5 consecutive hours worked, and a paid 10-minute rest break for every 4 hours worked. If an uninterrupted break is not feasible due to active childcare responsibilities, the time is treated as paid on-duty time by mutual written agreement.
Holidays
The following are paid holidays (remove or add as mutually agreed): New Year’s Day, Presidents’ Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving Day, Christmas Day. If Employee is required to work on a paid holiday, overtime or holiday premium pay applies per applicable law.
House Rules & Conduct
Employee shall not smoke, consume alcohol, or use non-prescribed substances while on duty, or report to work under the influence of any substance (including prescription medication) that could impair the ability to safely care for the children. Personal cell phone use while children require active supervision is not permitted. Employee agrees to maintain current CPR and First Aid certification and any other credentials required by applicable state law, and will provide proof upon request. Employee agrees to obtain an annual flu vaccination and stay current on other vaccinations reasonably requested by the Family.
Confidentiality & Privacy
Employee will not disclose the Family’s personal or financial information, the children’s records, or the household’s daily routines to any third party. Employee will not post photos, videos, or location information identifying the children or the household on social media or any public platform without prior written consent from the Family. Family will respect Employee’s privacy and will provide advance notice before using any audio or video monitoring equipment in areas where Employee works, consistent with applicable state law. This section survives termination of employment.
Termination
Immediate termination for cause (Family may terminate Employee): Conduct that compromises child safety; dishonesty or theft; breach of confidentiality; chronic unexcused absences or persistent tardiness of more than 15 minutes without valid reason; bringing unapproved guests to the worksite; being under the influence of alcohol or non-prescribed substances while on duty; use of a mobile phone while driving with children in the vehicle; reckless or unauthorized use of any Family vehicle; smoking during work hours; breach of any material term of this agreement.
Immediate termination for cause (Employee may terminate Family): Failure to remit payment within 5 days of written notice that payment was not received on the due date; failure to provide a safe work environment; or breach of any material term of this agreement by the Family.
Termination without cause: Either party will provide the notice period above in writing. All earned, unused vacation will be paid out on the final paycheck per applicable state law. Termination with cause: May be effective immediately; vacation payout follows applicable state law.
Return of property: Prior to or upon receipt of the final paycheck, Employee agrees to return all Family property including but not limited to house keys, car keys, remote entry devices, car safety seats, and any other items belonging to the Family.
Job Duties
Primary duties are described in Appendix A below and may be adjusted by mutual agreement. Duties include child safety responsibilities, age-appropriate childcare, child-related household tasks, and regular communication with the Family. Employer will not materially change duties without prior discussion and agreement.
Appendix A — Job Duties
Safety (non-negotiable): Maintain current CPR and First Aid certification; no physical discipline of any kind; never leave children unattended in a vehicle, near open water, or on elevated surfaces; follow safe-sleep guidelines for infants; keep medications and hazardous items out of reach; video monitoring limited to common areas per state law; carry emergency contact list at all times; limit personal phone use to children’s nap or rest times; do not post photos or identifying information of children on social media without prior written consent.
Basic care — specifics agreed below:
Childcare: Feeding, bathing, and dressing; preparing age-appropriate meals and snacks; managing nap and bedtime routines; administering medicines per parental written instruction; applying sunscreen and weather-appropriate attire; school drop-off and pickup; supervising activities, playdates, and outings; assisting with homework; providing developmentally appropriate play and enrichment; taking children on play dates; researching and planning activities with child-development and educational value; applying discipline consistent with the approach stated in the House Rules section.
Household (child-related only) — specifics agreed below:
Signatures
By signing below, both parties confirm they have read, understood, and agree to the terms of this agreement.