Having a nanny contract ensures that both the nanny and the parents understand each other’s expectations. Nanny contracts, or work agreement, establish the duties of the nanny and outline the roles, responsibilities and duties of both the nanny and the family.

Here is a list of the top 10 clauses commonly found in nanny contracts.

1. Job Responsibilities - This clause should list, in detail, all of the responsibilities the nanny is to undertake. Be specific when listing responsibilities. Using vague language can lead to problems.
2. Work Hours - The contract should clearly state the nanny’s work days and hours. Typically nannies are paid 52 weeks per year, even if the family opts to vacation without the nanny or give the nanny days off if she is not needed.
3. Benefits - If the nanny is to receive any benefits, there should be a clause stating them. In general, nanny benefits include 2 weeks paid vacation, 8-10 paid holidays, sick time and partial or full contributions towards health insurance premiums.
4. Wages and Pay Schedule - Once the salary is agreed upon, it should be put in writing. The amount the nanny is to be paid and the days she will be paid are included here. The wages should be noted as net or gross. Nannies must be paid according to the Fair Labor Standards Act.
5. Rules of the House - Anyone who has a nanny needs to create and document house rules. These rules include details about what the nanny can and cannot do in the house and with the children. They also include rules as to whether visitors are allowed and when they can enter the house.
6. Transportation - It should be specified whether the nanny will use her own transportation or a provided car. If the nanny is using her own car, terms as to whether the employer pays all or some of the car insurance should be written in the clause. Parents should provide the nanny with the mileage reimbursement rate as set forth by the IRS should she be using her own vehicle.
7. Emergency Plans - What to do in case of an emergency is an important detail. The nanny should have a specific person to contact in case she becomes ill while on the job or an emergency arises with the parents.
8. Confidentiality Clause - It states that the nanny will refrain from repeating anything heard or seen, with the exception of abuse. It can be vague or specific and prevents the nanny from discussing things like salary.
9. End of Employment - Most contracts ask that the nanny give two weeks of notice if she plans to quit. This allows time for the family to make other childcare arrangements. Many nannies require a severance clause, should they be terminated without reason.
10. Taxes – It is essential that the work agreement outlines who is responsible for taxes. Nannies are not independent contractors but employees of the families for whom they work. As such, both the employer and employee have tax responsibilities.

The nanny contract allows the nanny and the hiring parents the ability to find common ground in the terms of employment. It also serves to protect both parties should any disagreement about the nanny’s job responsibilities arise.