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266539 tn?1281402152

Need Help with my Nanny Contract

So as most of you know I am looking for another nanny job and have 2 interviews later this week.  I have a copy of my nanny contract which I used with my last family but I feel like I need to add some things in efforts to protect myself.

This is my old contract:
Nanny Contract

I am available Monday through Friday between 6:00 am and 6:00 pm.  I am also usually available to babysit on evenings or weekends, usually with little to no notice.

PAY:  

I do charge $11.00 an hour.  You can either pay me every Friday or we can figure out a different plan based on any needs.  I do expect to be paid on days that you take off, and of course I don’t charge on days that I take off.  I do this because I have had parents in the past take advantage of taking many days off and I end up losing a chunk of my income that I do plan for.  

If for any reason that I can no longer watch your children I will give you a three weeks notice and if for any reason you no longer need me to watch your children I do ask that you give me the same amount of notice.  

VACATIONS, ABSENCES, and HOLIDAYS:

If there are any days that I need to take off that I clearly know about, I will always try and let your know two weeks before hand.  Although sometimes you get sick without warning so I will always do my best to let you know as soon as I can on a day that I can’t watch your children.  I do ask that you let me know a week before hand if you know of any vacations or days that you want to take off and again I know that you can never know if someone is going to get sick or not, so in that case it is perfectly fine to let me know that morning.  I am fine with watching the children even if they are sick, as long as there is no fever, vomiting, or are contagious.  

My cell phone is always on; you are welcome to call at any time of the day or night.  If you think you are going to be later than usual, that’s fine, just give me a call and let me know.  

TRANSPORTATION:

I am willing to trasport children to and from school or to any other activity.  I do like to take trips to the park or library when ever possible.


I would like to add somewhere that after a curtain amount of times (3?) that I am paid late that there will be a charge ($15?).  I would also like to add a few holidays that if it lands on a day I watch the kids that they are paid holidays.  I have written in there that they are to pay me a minimum amount of hours a week unless I am the one who takes off.  Is that reasonable, because I know daycare centers and home daycares you pay for the day even if you don't go.  I am not sure how clear that is above either.  What else do you ladies think I should add?
24 Responses
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551454 tn?1276782284
I am a nanny and my min. pay an hours is 13.50 right now and by january it will be 14 so here 12 is nothing. and we only work for the one family so daycare have multiple children and not just one family that you are the stand in parents for. I have nannied for 5 years and am going to again after i have my babies. and it is a great job that some children respond better to then a daycare.
Helpful - 0
Avatar universal
Wow $12 bucks an hour is a lot of money, especially these days with the economy. Hubby and I are on a fixed income, he is on disability...so maybe having a different rate for those people. I wouldn't even be able to afford the $11 dollars an hour on his income alone. BUT if they are willing to pay that...then more power to you lol.

I just wanted to say other then charging a different rate for disabled parents/children on fixed income, that everything looks great!
Helpful - 0
404138 tn?1308941656
Make sure if they do not need you anymore that they either give you at least 2weeks or pay you for 2weeks, The lady I babysat for gave me a days notice and didnt pay me....I was soooooooo mad......Im still looking for a job. And she still calls me to babysit once in a while.......screw that
Helpful - 0
266539 tn?1281402152
Sounds good.  Thanks for the advice!
Helpful - 0
218870 tn?1240255655
That is a good point about the damage to their car if you use it.  I know when I went to NY and tried to park in a garage, they took pictures of all of the damage on my car every time I came and went.  
Things are making more sense as far as the hourly thing now.  I would take a template of a contract with you and get all of the information and then tell them you are going to tailor it to their needs.  That seems like the best idea for you since you will be with one family only.  Maybe, put your expectations like you have already done so they know what is and is not negotiable and then as you talk, write things down, make sure you both agree.  Be thorough, in full sentences, so they know what the contract will say, then come home and type it up for them.  Just my opinion.
Helpful - 0
446156 tn?1275859576
One more thing... if you are going to use your car make sure to list that if any damage happens to our car due to the kids... they way to have it fixed.  Or... if you use their car... that needs to be in the contract too.  People are crazy... you dont want some one to report in stolen or some thing like that.  An if they are going to give you a set amount of money per week to take the kids places that needs to be listed also.  I hope this helps.  Anita
Helpful - 0
266539 tn?1281402152
I have mainly nannied for family friends but have just been looking around for someone who needs a nanny.  I make more money hourly so that is why I do it.  People in our area who want nannies want few hours here and there and not for full 8 hour days or they want them for 10 hours not 8 hours.  So I don't know I honestly like the hourly thing.  I don't charge overtime in this case and I don't think I would anyways.  For one family I am looking at they need me 21 hours a week and sometimes more so if they are to take off on a tuesday, wednesday, or thursday (the days I am always there) THey pay me $12 and hour for 7 hours.  If they take a week off they have to pay me for 21 hours.
Helpful - 0
218870 tn?1240255655
your contract had nothing about a minimum amount of hours in it.  That NEEDS to be in there.  you also have to remember that this is your business.  If you want a daily rate than daily rate it is.  Have you thought about calling other nannys around your area and pretending that you are a customer and figuring out what they charge and how they do it?  I feel like you might be getting taken advantage of with this hourly thing.  Just out of curiosity, what do you do, sit around all day and wait for a call to nanny?  How do you know what hours they are going to need you?  Even if they change hours it is usually 5 days equaling 40 hours right?  How would a daily rate hurt them?  How do you decide if you should be paid for days off on an hourly basis?  Something just seems odd here.  It is almost like if you do hourly than you cant ask them to pay you for days off or over time.
Helpful - 0
266539 tn?1281402152
CYW~ And $12 an hour isn't bad around here.  And I had originally had a daily rate but everyone always wanted an hourly one.
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266539 tn?1281402152
The reason I don't have an hourly rate is because they often change hours and want the flexibility.  I have been asked for my hourly rate by the 2 people I will be watching.  With each of them there is a minimum amount I will work every week and that is what they will pay if they take off.  

CYW~ I am doing medical billing and coding while I take my pre reqs for nursing so it isn't a ton of school right now.  I usually work 20-40 hours a week so it is do able.
Helpful - 0
218870 tn?1240255655
Keep in mind this is something legal.  Something that can be in your favor or used against you in a court of law.   Make it as clear as you possibly can so there will be no questions what so ever to a judge.  You should not have to go into court and have to explain what anything means.  You should be able to hand a judge your contract and give a short statement of how it has been breached or how you did not breach it.  Even if you would never take it that far, someone else might.  I have my contract in front of me.  I am going to type it out for you and hopefully it will give you some ideas.  Mine is for a home daycare so you may want to change it to fit it for you going to their house.
Child Care Agreement
____________  will be dropped off and picked up and my address.
Hours of care:
1>  My daycare will be cloed on Saturdays and Sundays for regular business, however special arrangements can be made.
2.  The following will be considered full time.  If you ar on a rotating schedule, please let me know your schedule as soon as you get it your self.
Monday  ___to___
Tuesday ___ to__
Wednesday ___to___
Thursday___ to___
Friday ___ to___
(you will fill this in together)

Rates:
1.  The charge will be___ per (hr/week/day)
2.  Payments will be made any time during the week of care but no later than end of business on friday.
3.  There will be a $5 charge for each business day a payment is late (past the friday of the week of care)  Should your account not be pain in full with in 5 business days of the original due date your child will not be admitted back into care until your balance is paid and you will be charged full price for all days your child is out of care due to the outstanding balance.
4.  If your child is elimintaed from care 3 times in one calendar year due to late pays a one week deposit and pre payments will be required.
5.  $35 will be charged for all returned checksand checks will no longer be accepted.
6.  overtime is considered when a child is dropped off before 7am or picked up after 6pm.  Scheduled overtime will be paid at a rate of $12 per hour, in full hour incriments rounded to the next full hour.  Unscheduled over time is will be charged at a rate of $1 per minute.
7.  The following are paid holidays when they fall on a regularly scheduled day, new years day, memorial day, independence Day, labor day, thanksgiving day, christmas day.
8.  I will be taking 2 weeks of unpaid vacation per year.  I will give you at least 1 month notice.  i am also reserving 5 personal days that will be paid to use at my descression with no advanced notice.  Should they be scheduled, I will give you as much notice as possible, however int he case of illness, I will let you know as soon as I am aware.
9.  Each child will have 5 days per calendar year where an absence from care will result in $25 being deducted from your bill for each.  This could be vacation, sick time, or personal time.  After the 5 days are exhausted, you will be charged full price for each absence.  Extended absence over 1 week will be examined on a case to case basis.

Meals:
I will/will not be providing
Breakfast ____
AM snack ____
Lunch ____
pm snack____
Dinner_____

Extra clothing:
(you may want to ask for a bag to be packed incase you go to the park or a field trip) All children must supply a bag including a full change of clothes at all times.  This includes shirt, undershirtif necessary, underpants, pants, socks.  If diapers are required, 3 diapers and wipes must also be included.During potty training, 3 pairs of underpants should be supplied.

Illness policy:
Framily day care regulation COMAR 07.04.01 prohibits provider from caring for a child who exhibits symptoms of acute illness such as vomiting, fever, seizure, severe pain, or diarrhea.  Under such circumstances, the parent will notify the provider of the childs illness and make other child care arrangements.  If such symptoms should arise while the child is in care, the parent will be notified immediately so the arrangments can be makde for the child to be picked up by the parent or other authorized person.  (You may want to also add your regulations for administering medications.  Such as it must be in the original bottle with the childs name on it and dosing info.  family daycare has very strict rules on this but they probably dont apply to you)

Transportation policy:
Children will be permitting to be transported in my motor vehicle with proper seating equipement that will be provided by the parent.  

Provisional placement:
A trial period of two weeks is agreed upon.  A decision by either the parent or provider on final placement will not be made until the end of that period.

Terminiation of care:
Child care my be terminated by either parent or provider after two weeks written notification to the other party.  However, in extreme situation that affect health or safety, services my be terminated immediately.

Special requests:
Special requests ill be taken on a case to case basis.  All requests will be put in writing and you will receive a written reply as to my decision.  ( this will protect you if say a parent forgets to tell you not to feed a 7 yr old peanut butter.  They will have a form with their request and your reply so if you do something an they have forgotten to tell you than they will not have this form.  It will also help you remember the demands if you read something and write your answer.  There are tons of other ways having requests in writing will help you, I;m sure you can figure them all out)

Permission to photograph:
The parent is givig permission for their child to be photographed.  Parents will be given all copies.

Permission to leave premisis:
The parent is giving permission for the child to take walks...whatever else you will add.  Put everything and all exclusions also. CLEARLY

Effective date of agreement:
This agreement will take effect on ___ and remain in effect until a change is made in writing, with two weeks notice, or until one year from the effective date at which time all files will be reviewed and updated.

____________
Provider signature/date

__________
Parent signature/ date

___________
Parent signature/ date


please excuse my typing, I was going fast and am not going to go through and fix my errors.  I hope this helps.
Helpful - 0
218870 tn?1240255655
so my first question would be, if I am paying you hourly and I take off a day, how do I know how much to pay you?  Can I pay you just for one hour?  Is there a minimum amout of hours they must pay you for the week?  You really might want to consider at least a daily rate.  That way if they get off early and pick the child up early you still get paid for the full day since you set aside your whole day to watch the children.  Also it makes the time off clause easier to understand.  The whole sick time and time off is not clear at all.  That leaves you very open for problems and people using your contract against you.  All they have to do is look at it and find the loophole to not have to pay you.  Make it clear!  "You have 5 days to take off and not pay me.  After that you need to pay me for any time off for any reason.  Anything with at least two weeks notice AND an extended absence over 1 week will be required in writing and reviewed on a case by case basis"  That way if you see yourself being taken advantage of, you can start saying no.  Look over this and find the loopholes.  there are quite a few.  Look for places where the customer is going to have questions and make sure you can answer them clearly.  A good clear contract is necessary or people are going to be confused and immediately wonder how the confusion is giong to effect their pocketbook.
Helpful - 0
304970 tn?1331425994
I think you should use a template. Someone posted a website above. If not, I would imagine an office supply store or book store would have example templates you could use.

Yours very wordy and unprofessional sounding to me. Potential new clients do not care to hear about why you are implementing certain criteria. (ex- in the past...blah, blah..)

Sorry to be blunt, but that is just my opinion.

Daycares here get paid for holidays and days children are ill and cannot attend as well as days the family takes vacation b.c the day care provider is still required to hold a spot for that child. Daycare here is also a minimum of $200.00 per week per child, unless it is an infant, then it is $300.00 per week minimum. I also live in a ridiculously overpriced area...

I would stick to an unemotional template void of any personal information. Just a cut and dry contract.

Good luck.
Helpful - 0
172826 tn?1423422956
CYW
it does sound like a good contract but as a parent i would never be able to afford 12$ an hour for childcare.. my son goes to daycare and for a 6-8 hour day it is 35$ my son is in daycare for 8 hours so 12$ an hour would bring me at 96$ almost triple what i pay...but that's just me, you must work for extremely rich people...for babysitting one child you are looking at roughly 2000$ a month...

now just a question you work full time.. didn;t you say before that you are now attending school in nursing? when do you ever get the time to do this and/or your homework? you must really be busy and have no time for yourself whatsoever
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266539 tn?1281402152
Here is an updated contract.  Let me know.

Nanny Contract

I am available Monday through Friday between 7:00 am and 6:00 pm, unless otherwise arranged.  I am also usually available to babysit on evenings or weekends, usually with little notice.

PAY:  

I do charge $12.00 an hour.  You can either pay me every Friday or every other Friday.  I do charge a late fee of $10 a day if I am not paid on time.  After one bounced check I will expect being paid in cash from that point on.  I expect being paid for days that are taken off by the parent for whatever reason, unless I have 2 weeks notice.  So that being said I will expect pay for sick days and any short notice days.  I do this because I have had parents in the past take advantage of taking many days off and I end up losing a chunk of my income that I do plan for.  

If for any reason that I can no longer watch your children I will give you a three weeks notice and if for any reason you no longer need me to watch your children I do ask that you give me the same amount of notice.   If an unforeseen medical emergency arises there is no need for a three week notice period.

VACATIONS, ABSENCES, and HOLIDAYS:

If there are any days that I need to take off that I clearly know about, I will always try and let the parents know two weeks before hand.  Although sometimes becoming ill is unforeseen, so I will always do my best to let you know as soon as I can on a day that I can’t watch your children due to illness.  I do ask that I am given the same kind of courtesy.  I am fine with watching the children even if they are sick, as long as there is no fever, vomiting, or are contagious.  

There are 5 paid holidays that I take off if they fall on a weekday: Labor Day, Thanksgiving, Christmas Eve, Christmas Day, and New Years.

My cell phone is always on; you are welcome to call at any time of the day or night.  I appreciate notice as soon as possible of any illness, so feel free to call at any time.  If you think you are going to be later than usual, that’s fine, just give me a call and let me know.  

TRANSPORTATION:

I am willing to transport children to and from school or to any other activity.  I do like to take trips to the park, library, or anything else that may come up that is fun or educational.
Helpful - 0
266539 tn?1281402152
I would charge daily but it is too much of a pain.  Hourly works a lot better.  

Should I tell them that I expect pay for anydays taken off unless there is 2 weeks notice or period.  I personally think that they should pay me for any days they take of period because I know daycare centers will charge you even if you don't show up.
Helpful - 0
218870 tn?1240255655
sorry I thought of a few more things.  I also do $1 per minute that you go past 6pm if you have not already discussed a late night (that is what the centers around here charge).  I am required to put the specific state clause about a sick child, but if you are only doing it for one family you may not need to do that.  Oh and you may want to do a clause about you can terminate the contract with out giving 3 weeks notice for health or safety reasons.  Bounced checks are also an issue.  I am not sure that it is legal to charge more than the bank charges you so I would call your bank and see what they charge you if you deposit a bad check and make it that amount plus anything other charges you incur from bouncing other check as a result of not knowing you put in a bad check.
Helpful - 0
218870 tn?1240255655
In my contract I have all major holidays that I would have off paid if I were at any other job.  I also have a daily fee for late pays.  I have learned that works very well to get paid quicker.  I do $5 per day late that way they will take the initive to pay me as soon as they have the money and will keep them from just skipping a week and moving on or paying you in bits and pieces at a time.  You may also want to do a weekly fee instead of hourly that way you wont be paid $11 one week and $500 the next.  You may want to give yourself a few sick days.  I do 5 paid days that I take off and give them 5 days that they can take off with out paying me.  It seems fair and I never end up loosing too much money.  Also you may want to think about adding a clause about photographs.  I know here, we have to get permission to take pictures of the children even if we are using them as gifts.  Lastly, in your transportation if you plan to do the zoo or something you should specify who is going to pay for the admission price for the children.  I think that is it.  If you have any other questions feel free to pm me.  You can look on line and find some really good templates or examples.  I got a ton of ideas for mine and you can see what other people are doing to see where you fall.
Helpful - 0
446156 tn?1275859576
I'm a nanny too.  Make sure that you will be paid for 2 weeks if either of them got fired or quit their jobs.  Trust me I had that happen before.  That way you would be paid weather you work or not.  Make sure that you will not loose pay if they call in sick, go on vacation or trip, or anything like that...if they call you an tell you that you dont have to come in... you still get paid for that day.  Make sure that you have in your contract how long the job will last.  Put in you contract, if you drive their car, that that is part of the deal.  Make sure to list ALL cleaning duties an task asked of you.  That way they keep adding stuff on an not raise your pay.  Put what kind of punishment you are able to use.  Law suits happen over that one.  List ANYTHING that you can not an will not do.  ( Such as pets, ect.)  List EVERYTHING!  I hope this helps.  Anita
Helpful - 0
419964 tn?1333301906
I am too a lil confused about it..i agree with sweetangel on this
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285848 tn?1219092313
Does that mean they have to pay you for days they just don't show up but not days that you dont work? Thats a bit confusing how you word it.  I would say something like. In the situation where you are unable to bring your child and do not let me know ahead of time, you will be charged for the day reguardless...or something. That sounds kinda bad but you know what I mean? I would also ask to be paid more in the event you have to watch them after hours. I know that in the daycare my cousin went to, if you didn't pick the kid up by 5:30 then they charged 15$ for everyone 1/2 hr the parent was late for pick up. Maybe you can say that if they are late more then 2 times you will have to start charging them 15$ and hour or 1/2 hour...You don't want to get screwed over like you did on your last job so make all these things completely understandable right away.
Helpful - 0
613536 tn?1294238447
i would be charging 1.5 times after 6:00pm.
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435139 tn?1255460391
https: // www . 4nannies . com / forms /Work Agreement . pdf

Check this out...minus the spaces...they had a great, clear way to word the salary thing about being paid a certain amount...
Helpful - 0
435139 tn?1255460391
Hmmm....that part about your pay being the same even if they do not have your services was a little unclear to me...I'd try to reword it if it is something you believe in.  I don't know how I feel about it, If I were a parent, it would turn me off but that is just me.

Personally, If I were paid late, I would think that it should be a steeper fine...$50?
Also, I wouldn't let them have a 'certain' amount of late times...no other employer in the world has the opportunity to pay you late so they shouldn't either...no matter how nice you are!

You could add a Holiday Clause and specifically list which holidays they are and ask for time and a half if you work...

Good luck!
Helpful - 0
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