Nanny Contract: What to Put in Writing (Checklist)

A nanny contract is a written agreement between your family and your nanny covering the job, the hours, the pay, time off and how either of you can end it. You don’t need a lawyer’s template to start. You need every expectation written down while everyone is still getting along: duties, schedule, gross pay and overtime, paid time off and holidays, sick days, house rules, car use, a trial period, and notice. The checklist below follows that order. It is a checklist, not legal advice; employment law varies by state, and some states and cities have their own rules for domestic workers. Write it after the offer is accepted and before the first day.

1. The basics

Both names, your address, and the start date.
Job title (“nanny” or “nanny/household manager”) and the children’s names and ages.
Where the work happens: your home, or a host home if it’s a nanny share.
Who the nanny reports to day to day, if both parents are giving instructions.

2. Duties

List what the job includes, then list what it doesn’t. Most disagreements come from duties that grew without anyone agreeing to them.

Childcare: feeding, diapering, naps, play, outings, bath if the hours reach it.
Child-related housework: children’s laundry, washing bottles, tidying the play areas, cooking the children’s meals.
Anything beyond that: family laundry, groceries, errands, pet care. If you want it, write it in and reflect it in the pay.
Things that need permission first: visitors, other children over, new activities or classes.

3. Schedule

Regular days and hours, including start and finish times.
How schedule changes are requested, and how much notice each side gives.
Late pickup: what happens if you’re late, and whether that time is paid at the overtime rate.
Whether you guarantee a minimum number of paid hours a week, even when you need fewer. Many families do, because a nanny can’t fill a cancelled Tuesday with other work.

4. Pay and overtime

The gross hourly rate. Write it as gross pay, before taxes, so there’s no argument about net later.
Pay day and method.
Overtime. The U.S. Department of Labor’s fact sheet on domestic workers lists nannies as domestic service workers. It says workers employed in private homes “must be paid at least the federal minimum wage for all hours worked and overtime pay at time and a half the regular rate of pay for all hours worked over 40 in a workweek, unless they are subject to an exemption.” Live-in workers may be exempt from overtime, and your state’s rules may be stricter than the federal ones. New York’s Domestic Workers’ Bill of Rights, for example, adds a 24-hour day of rest every seven days (or overtime pay for working it) and three paid days of rest a year after one year with the same employer. Check your own state’s labor department before you finalize this section.
Taxes and payroll. Say who runs payroll and that taxes are withheld. IRS Publication 926 covers the household employer rules for 2026. Social Security and Medicare apply once you pay one household employee $3,000 or more in cash wages in the year, and you give the employee a Form W-2. A household payroll service handles this for many families.
Raises. When pay is reviewed: at six months, annually, or when a second baby arrives.
Expenses. Mileage, outings and activity costs, and how they’re reimbursed.

5. Paid time off and holidays

Vacation days: how many, how much notice, and whether some dates are chosen by you (your own vacation) and some by the nanny.
Paid holidays: list the specific days.
Your vacations: whether the nanny is paid when your family is away. The common courtesy is yes, since they kept the week free for you, but agree it here.
Sick days: how many paid sick days, and how the nanny lets you know. Some states and cities require paid sick leave for domestic workers, so check your local rules.

6. Sick children and sick nannies

If your child is sick, does the nanny still come? Usually yes. Caring for a sick child at home is part of the job, but write it in.
If the nanny is sick, how early do they tell you? Have your backup childcare plan ready for exactly this.
Medication: whether the nanny may give any, and only with your written instructions for that dose and that day.

7. Safety and emergencies

Infant CPR and first aid: whether it’s required, and whether you’ll pay for the course.
Safe sleep, written as a rule rather than a preference. The American Academy of Pediatrics’ safe sleep guide says to place a baby “on their back for all naps & at night,” on a firm, flat surface, with soft objects and loose bedding kept out of the sleep area.
Where the emergency contacts, pediatrician details and allergies live. An emergency info sheet on the fridge covers it.
Who to call first, in which order, for an emergency and for a non-urgent question.

Personal phone use during work hours: allowed, limited, or for emergencies only.
Photos of the children: whether the nanny may take them, share them with you, or post them anywhere. Most families say never on public social media.
Cameras in the home: if you use them, say so in writing. Some states have rules on recording, especially audio.

9. The car

Whose car is used for outings, and who pays for gas and wear (mileage).
Proof of a valid license and insurance, and a check with your insurer that the nanny is covered to drive your car.
Car seats: who installs them, and that every ride uses one.
Where the nanny may drive the children: the park and classes, or anywhere.

10. Daily routines and house rules

Keep this short, and point to a separate one-page routine sheet that you can update without changing the contract. It should cover:

naps and bedtime, and screens
food rules and allergies
discipline: the words you use and the ones you don’t
outings, and visitors to the house

For naps especially, write down what you actually do: how you settle the baby, how long you wait, when a nap is over. A shared reference such as nap training explained step by step helps when you’re both working out how to describe the same approach.

11. Trial period and reviews

A trial period, often two to four weeks, with shorter notice on both sides while it runs.
A check-in at the end of the trial, then regular reviews. Put the first review date in writing.

12. Notice and ending the job

How much notice each side gives after the trial period.
Whether you pay severance, or pay in lieu of notice.
Immediate termination: the few things that end the job on the spot, such as a safety breach or leaving the children alone.
What gets returned on the last day: keys, garage remote, any family phone or card.

Before you both sign

Read it together, section by section, so you both agree to the same thing. Each of you keeps a signed copy. Then schedule a review three months out, because a nanny’s job with a newborn is not the job with a crawler.

FAQ: nanny contracts

Is a nanny contract legally required?

There’s no standard federal nanny contract, but some states and cities have domestic worker laws that set out what employers must provide or put in writing. Check your state’s labor department. A written agreement protects both sides anyway.

Should a nanny contract say gross or net pay?

Gross. Taxes change and so does withholding. A gross hourly rate is the number you both agreed to, whatever the paycheck shows.

Do I pay my nanny when we go on vacation?

If your family chooses the dates, most families do, because the nanny kept those days for you. Whatever you decide, write it into the time-off section.

How long should the trial period be?

Two to four weeks is common. It’s long enough to see a full routine, and short enough that either side can step back easily.

The nanny’s contract can be shared or separate, but the two families also need their own agreement on hosting, splitting costs and what happens if one family leaves.