Nanny Agency
Ancillary Child Care Center
Visitation Monitor Services Agency
Transportation Services Agency
Subsidized Agency
[List the primary child care location and any others where work will regularly take place]
[Consider what spaces child care can take place in your home. Do you want certain type of activities done in specific places – painting can only occur at the kitchen table, or no playdoh in carpeted areas, etc.]
[For example, the downstairs office or a particular bedroom is off-limits to children and the door should remain closed.]
[Fill in the days and hours that you and your nanny agree upon. Live-in caregivers may provide more schedule flexibility but should still have an agreed upon schedule. Live-in nannies are not “on call” 24/7.]
The following represents a typical schedule. Changes to this schedule will occur infrequently and will be communicated with as much notice as possible.
[In the event of an emergency, who should your nanny contact first? If that person can’t be reached, who should they try next? If the main child care locations are unavailable due to an emergency, where should the children be taken? Use this section to detail what your nanny should do in the event of an emergency.]
[Listed below are some common job responsibilities for a nanny/babysitter. Think about your specific family’s needs and include or exclude any sections that make sense for you. Also note that you may have certain needs not included here.]
[List specific duties here, this does not need to be a completely exhaustive list but should include duties that are representative of the type of work you expect them to do. Opt for specific, clear parameters; your nanny shouldn’t be taken aback by a request you might make that isn’t included here.]
[Consider any food preparation you’ll want your nanny to do, or if you’d prefer them to serve meals and snacks that you’ve pre-made.]
[If you have agreed that your nanny will contribute to your children’s educational and developmental growth, list the types of activities you expect and any preferences or details specific to each child.]
[If you have agreed that your nanny can arrange activities for your children, list your expectations for the types of activities they can plan, with whom, and any communication that you require about the activities.]
[List your expectations on the frequency and types of communication you want during working hours.]
[If you have agreed that your nanny will transport your children (or accompany you) for appointments outside of the primary child care location, you should include your expectations here. Note that a mileage policy is included later in this example that you may wish to include if your nanny will be using their personal car while working.]
[Do your children have any allergies or medical issues that your new nanny should be aware of? If your child needs medication administered how should that be handled? Is your nanny allowed to give your child over-the-counter medication if they have a headache, if so under what circumstances?]
[This section details the wage, method, and frequency of payment. It also details other forms of compensation or benefits that you may or may not choose to offer. As you consider what benefits to offer your new nanny, remember that benefits can help you retain the services of your nanny longer. Benefits let your nanny know that they are valued and that you’re supportive of their needs. Refer to our other guide outlining Wage and Tax Considerations*.]
* Wage & Tax Considerations document available here.
With very few exceptions, domestic employees are classified as “non-exempt” workers, which entitles them to pay for every hour they work at a rate that is not less than the federal, state, and, if applicable, local minimum wage rate. California law requires that household employees, including child care providers be paid overtime. According to the Domestic Worker Bill of Rights, they are entitled to overtime at 1.5 times the regular rate of pay for any hours worked over nine hours per day or over 45 hours per week, unless they are excluded employees or the employer is excluded under the law. Further, California requires that live-in caregivers are entitled to overtime pay equal to 1.5 times their hourly rate if they work more than 9 hours a day or 45 hours a week. It’s common to pay slightly less per hour than a live-out nanny as a way to account for the cost of room and board, however nannies that live in the home must still be paid at least the local minimum wage and must be paid for every hour worked. Talk to a legal professional if you have questions about employer responsibilities for a live-in caregiver.
(per hour)
(per week)
[Common methods are listed here. The key is that as an employer, you must pay required state and federal employment taxes. Income should be reported appropriately. Paying your nanny though cash apps like Venmo and Zelle is not recommended due to tax reporting concerns. Talk to a tax professional about the best payment method that meets your needs while maintaining tax compliance.]
[If your family’s nanny or babysitter is asked to drive their own vehicle, you must provide a mileage reimbursement of 67 cents per mile (the current 2024 rate).]
Any miles driven while on the job using the employee’s car will be reimbursed at the IRS Mileage Reimbursement Rate, which covers the cost of gasoline as well as general wear and tear on the car. The employee will maintain a mileage log and submit it to the employer for reimbursement at the end of the pay period.
All other pre-approved, work-related expenses will be reimbursed at cost. The employee will keep all receipts and submit them to the employer for reimbursement at the end of the pay period.
[Offering additional benefits is optional but remember that the benefits listed below not only show the caregiver that you are supportive of her needs but can also have positive tax implications. Refer to our guide outlining Wage and Tax considerations, including benefits HERE.]
In addition to the wages stated above, the employer will contribute to the following employee expenses. These amounts are considered “non-taxable” compensation (up to the limits noted below), meaning neither employer nor employee will pay any taxes on this portion of the compensation (check any that apply):
(up to the total amount of premium)
(up to $300/month)
(up to $5,250 per year)
(up to the total amount of the bill)
[If they will use their cell phone on the job, California requires you to offer a reimbursement. Regulations do not specify a specific amount required, merely that the employer reimburse a “reasonable percentage,” even if the employee’s monthly bill does not increase from use at work.]
[California has a Paid Sick Leave (PSL) law, which requires that you, as a household employer, provide up to 48 hours of paid sick leave per year, with one hour accrued for every 30 hours worked. You can limit usage of sick time to 24 hours per year. Some localities throughout the state have their own rules regarding sick time, so you should check your county and city regulations. Refer to our guide outlining Wage and Tax considerations, including paid leave HERE.]
Notice is requested for any appointments, etc. which may cause the employee to miss work.
[How much notice should your new nanny give when planning an absence? How should unexpected absences be handled?]
[List]
[For more information on process and requirements, refer to our guide outlining Wage and Tax Considerations HERE.]
Employer will withhold the required Social Security & Medicare taxes from the employee’s pay, along with income taxes per the employee’s instructions on Form W-4 and all other applicable state taxes.
All tax withholdings will be remitted to the state and federal tax agencies on or before the household employment tax deadlines. In addition, employer will match the employee’s Social Security & Medicare contributions and make contributions to the state and federal unemployment insurance funds on behalf of the employee.
Employer will provide employee with Form W-2 at the end of the year (by January 31).
Employer will report employee’s earnings to the Social Security Administration so that employee receives appropriate credits.
[List any expectations you have about confidentiality or privacy concerns. Think about how you would like to address social media, photographing of the children or your home, etc.]
Example Resignation Notice: Employee must provide 2 weeks written notice of resignation. Employee agrees to inform the employer before telling the children. The employer will make all final decisions on how/when to inform the children.
Example Termination Notice: Employer must provide 2 weeks written notice for termination without cause. The employer will make all final decisions on how/when to inform the children.
Example Cause for Dismissal: Immediate dismissal may occur for serious cause. The following are grounds for immediate termination, but are not limited to:
[The contract needs to be signed by both the employer (you) and the employee (the nanny). California law recognizes a valid employment contract between a family and a nanny they hire directly. Key elements needed for the contract to be enforceable under California law include:
