Wednesday, November 23, 2011

0 5 Things Every Nanny Contract Should Include

1. Trial Period

A trial period is a brief period of time, about 1 month, when you and your nanny can evaluate one another and decide whether the relationship should continue. Rather than blindly going all in, your contract should recognize that all employment relationships aren't meant to be and allow for a relatively painless way out if it is immediately apparent that one or both parties aren't comfortable.

On the other hand, your contract should provide for employment stability after you and your nanny become comfortable with the relationship. You deserve to know that your nanny won't walk out the door without notice, and your nanny deserves to know that you won't force them out the door without notice. After your nanny contract establishes a trial period, it should establish things such as: when ending the contract without cause, a period of notice; and, what situations give rise to ending the contract with cause, i.e., immediately (see #4).

The best time to raise these issues is in the beginning-- ideally, when you are hiring your nanny and walking through the nanny contract. When provisions such as a trial period and notice periods are left out of the contract, the potential for an acrimonious end to the relationship increases dramatically.

2. Work Schedule--including consideration for sick days, vacation time and holidays.

Your nanny contract should communicate expectations for daily, weekly, and monthly work schedules in your contract. One of the biggest areas of conflict in a family-nanny relationship is scheduling. You may be a busy professional who will, on occasion, have a chaotic schedule. Likewise, your nanny has a life outside the family and will also have scheduling issues.

All of this is to say, your contract should communicate party expectations. Furthermore, you should establish a weekly or monthly time during which you plan to sit down with your nanny to discuss your schedules.

It's also necessary for your contract to discuss allowances for sick days, vacation days and holiday leave. In order to maintain a stable relationship with your nanny, he or she should be treated like a real employee. Consequently, your contract should address issues such as: how many sick days will be allowed per year; how many vacation days your nanny will be afforded per year; what holidays your nanny will have off; and, equally as important, your contract should discuss whether your nanny will be compensated for time off.

3. Tax information

Address taxes right away. Your nanny contract should act as a road map for the year's tax obligations and expectations. Your contract should deal with taxes such as: income tax, unemployment tax, workers compensation and FICA taxes.

4. Termination

As you very well know, not all family-nanny relationships are meant to be. Reflecting that reality, your nanny contract should allow for a trial period (see #1 above). Beyond the trial period, your nanny contract should define two different forms of termination: for cause termination and without cause termination.

When one party wishes to terminate the employment contract without cause, the contract should establish the procedures for a smooth exit-- that is, a period of notice should be written into the contract. Your contract should also address situations that give rise to for cause termination. If one of the situations arises, termination can happen immediately.

5. Your household rules

Your nanny contract should act as an opportunity for you and your nanny to discuss rules of your home. Awkwardness and disagreement will inevitably arise if communication fails. The first step to a good working relationship is using the contract as an opportunity to discuss your expectations for your household.

Whether it be how food should be prepared or prohibiting guests without permission, a rules section in your nanny contract allows for you to clearly state expectations. If disagreements arise in the future, the parties can then return to the contract for guidance.

To find a great nanny contract, visit MyNannyContract.


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