Nanny Work Agreement Checklist for Clear Expectations

September 4, 2026|Morrow Mama

Nanny work agreement checklist with clear operating terms

Last reviewed: September 4, 2026

A nanny work agreement should state who employs whom, the work location, start date, schedule, duties, pay process, hours and overtime, time off, expenses, transportation, privacy, communication, emergencies, performance reviews, change process, and how the arrangement ends. Use it as an operating record, then have wage, tax, insurance, and state-specific terms reviewed where needed.

This checklist is not a legal contract or substitute for local advice. The U.S. Department of Labor publishes a sample nanny employment agreement and domestic-service guidance that can serve as official starting points.

Practical component: the ten-module agreement

1. Parties, role, and work location

Household employer’s legal name and contact.
Employee’s legal name and preferred work contact.
Job title and plain-language purpose.
Normal work location and any permitted alternate locations.
Start date; fixed term or ongoing arrangement.
Agency role, if any, and which entity is the employer.

2. Schedule and hours

Regular days, start/end times, and expected weekly hours.
How hours are recorded and approved.
Notice for schedule changes.
Rules for early arrival, late return, travel, overnight work, or on-call time.
Meal/rest periods and when the employee is fully relieved from duty.
Inclement weather and household travel process.

DOL explains that a domestic worker who must remain on duty and available may be working even during inactive periods. Apply current federal and more protective state/local rules.

3. Pay and payroll

Hourly rate and overtime rate/process where applicable.
Pay frequency, pay method, and wage statement.
Guaranteed hours, if offered or required.
Payroll deductions and withholding arrangements.
Reimbursement for authorized mileage, transit, purchases, or activities.
Review dates for rate or scope changes.

Do not use a flat salary to erase hour tracking or overtime obligations. Classification and wage rules depend on law and facts, not the contract label.

4. Duties and boundaries

Separate:

direct childcare duties;
child-related household tasks;
transportation or activity duties;
administrative updates; and
optional or excluded general household work.

Define who supplies equipment and authorizes purchases. Do not write “light housekeeping” without examples; one person may mean washing child dishes while another imagines cleaning the home.

5. Time off and closures

Paid and unpaid time off under the agreement and applicable law.
Paid holidays and how they are selected.
Sick-time notice and documentation consistent with law.
Family vacation and whether hours are guaranteed.
Provider vacation and notice.
What happens during weather, power, or household closures.
Backup-care responsibility; the employee should not be represented as guaranteeing a substitute unless that is a lawful, agreed service.

6. Transportation

Whether driving is an essential duty.
Which vehicle may be used and who maintains insurance.
Valid-license, driving-record, and authorization checks permitted by law.
Car-seat and passenger rules established by the household using qualified guidance.
Mileage, toll, parking, fuel, and ticket responsibility.
Boundaries on personal errands or transporting other people.

7. Communication and privacy

Routine update method and timing.
Events that require immediate contact.
Who may receive child or household information.
Photo, video, social-media, and location-sharing rules.
Household camera disclosure and use consistent with law.
Protection of access codes, keys, schedules, and documents.
Return or deletion of information at the end of employment.

Privacy should protect the worker too. State what monitoring exists before work begins.

8. Emergency and authorized decisions

Parent and backup contacts in calling order.
Authorized pickup adults and identity process.
Provider, school, or activity contacts needed for the job.
Where the household emergency plan is kept.
Which urgent expenses or actions are preauthorized within a stated limit.
How and when an incident is documented.

The agreement should point to current emergency information rather than copy sensitive personal data into every version.

9. Feedback and change process

Check-in frequency during the first month and later.
How either side raises a concern.
How new duties or schedule changes are proposed and priced.
Who documents agreed changes.
Date for a formal review.

Use a change log:

Effective date	Term changed	Old term	New term	Agreed by/date

Do not rely on months of text messages to redefine a job.

10. Ending the arrangement

Notice expected from either side, subject to applicable law.
Circumstances requiring immediate action.
Final-pay and accrued-benefit process under local rules.
Return of keys, cards, equipment, documents, and family information.
Final expense report and payroll contact.
Employment-verification contact and what can be confirmed.

Avoid clauses that claim to waive rights that cannot lawfully be waived. Get local review for restrictive covenants, confidentiality, dispute terms, deductions, and termination provisions.

Use official templates as references, not copy-and-forget forms

The Department of Labor Women’s Bureau sample agreement covers parties, job responsibilities, schedule, wages, overtime, benefits, communication, performance review, and termination. It is an educational model, not a guarantee that every clause fits every state or household.

IRS Publication 926 addresses household-employer tax duties, while DOL domestic-service fact sheets address wage and hour topics. USCIS I-9 materials cover employment authorization verification. The agreement should align with these separate processes; it does not replace them.

Review the agreement out loud

Before signing, each side should explain the schedule, duties, pay, time-off plan, backup expectations, and change process in their own words. Resolve ambiguous words. Give both parties a signed copy and a secure place to access updates.

Frequently asked questions

Is a nanny agreement the same as an independent-contractor agreement?

No. The actual relationship determines classification under applicable tests. A household employee can and should still have a written employment agreement.

Should the agreement include every daily routine?

Keep stable employment terms in the agreement and put changeable routines in a separate household guide. State which document controls if they conflict.

Can I download one template for every state?

Use a federal sample as a starting structure, then check state and local wage, leave, domestic-worker, insurance, notice, and contract rules.

Who should keep the signed copy?

Both employer and employee should receive the final signed agreement and later amendments. Store sensitive information securely.

Official sources

Continue planning with Morrow Mama

The Morrow Mama Childcare & Return-to-Work Toolkit helps you compare care arrangements and record questions. It does not create a state-specific employment contract or provide legal or payroll services.