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FREE TEMPLATE · 2026 EDITION

Nanny Contract Template

Define childcare duties, hours, pay, overtime, time off, household rules, emergencies, and expense reimbursement.

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Document details

Set the date, jurisdiction, and your internal reference. * Required for completion.

State & federal requirements

Select a state to see the researched guidance available for this document. Official forms and local rules may also apply.

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MAKE THE DOCUMENT WORK FOR YOUR SITUATION

About this nanny contract

Record a household childcare employment arrangement with clear duties, paid time, payroll, leave, safety, and communication. Agency involvement and household control require actual classification review.

When to use it

  • Use when a household engages a nanny for identified childcare duties.
  • Review agency and nanny-share arrangements for each employer’s actual role rather than treating everyone as a generic client.

What to gather before completing it

  • Identify employers, children, authorized duties, location, schedule, driving permissions, and emergency arrangements.
  • Review household employee status, payroll taxes, state domestic-worker rules, and any live-in or overtime exception.
  • Describe paid waiting and interrupted overnight time, bona fide breaks, expenses, rest, leave, and required rights notices.

Common mistakes to avoid

  • Calling a household-controlled nanny a contractor solely to avoid payroll.
  • Assuming every sleeping or overnight hour is unpaid.
  • Using a generic service deposit, deliverable acceptance, or cancellation clause as though it were the employment pay arrangement.

After you complete the document

  • Supply required worker-rights documents and keep the signed terms accessible.
  • Maintain accurate hours, interruption, pay, and leave records.
  • Review duty changes and complete final wage and handover obligations separately from any discretionary separation payment.

What the template includes

The online builder and downloaded documents use the same fields. A selected state can add relevant research prompts. Complete only applicable items; add explanations for exceptions rather than assuming a blank entry resolves them.

Document details4 inputs +

Set the date, jurisdiction, and your internal reference.

  • Document date *
  • US state *
  • County
  • Document reference
Work location & legal coverage5 inputs +

Record the actual facts, reviewed rule, and supporting references. No answer here certifies a waiver, exemption, restriction, or deadline as valid.

  • States where work is actually performed
  • Local workforce rules and official references
  • Employer size and coverage facts reviewed
  • Applicable collective agreement or representation
  • Reviewed rule and dated source reference
Pay basis & actual duties5 inputs +

Record the actual facts, reviewed rule, and supporting references. No answer here certifies a waiver, exemption, restriction, or deadline as valid.

  • Actual duties and authority used in classification review
  • Employee status tests and factual basis reviewed
  • Overtime exemption or nonexempt basis reviewed
  • Current applicable minimum rate and work date reference
  • Hours worked overtime and recordkeeping procedure
Household employer & working time8 inputs +

Record the actual facts, reviewed rule, and supporting references. No answer here certifies a waiver, exemption, restriction, or deadline as valid.

  • Who controls duties schedule and manner of work
  • Agency and household employer roles reviewed
  • Actual live in or visiting arrangement
  • Care duties and other household duties with time allocation
  • Sleeping waiting and on call periods and interruptions
  • Meal and off duty periods and hours recording
  • Household payroll tax and employer obligations review
  • Required worker rights notice and agreement delivery record
People & organizations8 inputs +

Use legal names and current contact information.

  • Hiring household or agency legal name *
  • Hiring household or agency address *
  • Hiring household or agency email
  • Hiring household or agency phone
  • Worker legal name *
  • Worker address *
  • Worker email
  • Worker phone
Hiring parties & reviewed engagement model7 inputs +

Identify the actual employer and any agency or shared household roles. Do not infer contractor status from the agreement title.

  • Engagement model reviewed *
  • Actual employer or joint employer identities *
  • Agency household and worker responsibilities
  • Hiring signer authority and care permissions
  • Worker status facts and reviewed legal framework *
  • Work begins *
  • Planned end date if any
Care duties, schedule & permissions10 inputs +

Describe the actual childcare or care work and its boundaries. Keep private medical information in a suitable separate record.

  • Children and ages *
  • Care location *
  • Childcare and household duties *
  • Weekly schedule *
  • Hourly rate (USD)
  • Overtime arrangements
  • Holiday, sick leave, and vacation
  • Food, screen time, transport, and household rules
  • Emergency contacts and permissions
  • Payroll / tax arrangements
Wages, payroll & expenses8 inputs +

Record employment pay terms separately from expense reimbursement. Review the actual work location, pay conditions, and hours before selecting wage or overtime treatment.

  • Regular wage rate and pay basis *
  • Pay period and regular payday *
  • Applicable minimum wage and effective date reviewed
  • Overtime treatment actual duties and exemption basis reviewed *
  • Payroll withholding and employer tax responsibilities *
  • Wage statement and payment delivery procedure
  • Approved expenses mileage and reimbursement procedure
  • Any proposed deductions and reviewed authority
Working time, rest & leave7 inputs +

Document actual paid time and any reviewed exception. Overnight presence and an agency arrangement do not themselves establish unpaid time.

  • Hours and interruption recording procedure *
  • Actual living arrangement and agreed living space
  • Sleeping waiting on call and interrupted periods *
  • Meal rest and off duty arrangements *
  • Paid and unpaid leave and required protections *
  • Schedule changes additional duties and approval procedure
  • Required worker rights notices and agreement delivery reference
Separation, continuity of care & handback6 inputs +

Record the reviewed employment or agency process. Keep earned pay obligations separate from property return and any additional separation payment.

  • Notice and separation arrangements under reviewed model *
  • Earned wages leave and final pay timing review *
  • Care continuity records and emergency handover *
  • Keys equipment belongings and permissions handback
  • Care information handling and protected rights exclusions
  • Pay scheduling or workplace concern contact
Additional details & signing7 inputs +

Add attachments, exceptions, and the names of authorized signers.

  • Attachments / supporting records
  • Exceptions / additional terms
  • First signer printed name
  • First signer title
  • Second signer printed name
  • Second signer title
  • Signing date

Practical tips

  • Use the actual working relationship when reviewing worker status; a signed label is not decisive.
  • Record interruptions to overnight or on-call periods rather than treating all such hours as unpaid.
  • Reference private care records without putting unnecessary medical details into the downloaded agreement.

Before signing or submitting

Review the actual household, agency, or joint employment model. Federal and state worker classification, wages, domestic worker protections, payroll, leave, and final pay can apply. This agreement does not establish contractor status or supply required separate government notices.

RESEARCH & REQUIRED NEXT STEPS

Federal requirements to review

Contractor classification is a fact review, not a label

DOL published a proposed classification change in February 2026. A proposal is not itself an effective replacement rule. Record control, economic dependence, actual duties, investment, and the reviewed legal framework; check the current rule and enforcement position before relying on “contractor” wording. Tax and state employment tests can differ.

DOL — 2026 worker classification rulemaking

A job title or salary alone does not establish overtime exemption

DOL’s exemption guide requires the actual job duties and applicable pay conditions to satisfy the relevant exemption. Record essential duties, decision-making authority, pay basis, and the exemption reviewed. A salaried title, full-time label, or signed contract is not a substitute for that analysis; state rules may be more protective.

DOL — Executive and other overtime exemptions

A nanny can be a household employee for tax purposes

The IRS explains household employee status through the right to control both the work and how it is done. Hiring through an agency, paying by the job, or calling the worker a contractor does not decide the result. Record the household’s actual control and review payroll and household-employment tax obligations.

IRS — Hiring household employees

Domestic work requires a detailed hours and employer record

DOL distinguishes live-in domestic service, ordinary domestic work, and third-party employment. Some live-in overtime exceptions do not apply to third-party employers. Record sleeping, meal, waiting, and on-call time and actual interruptions; do not presume that all overnight hours are unpaid. Check any state domestic-worker protections separately.

DOL — Domestic service employment FAQs

Frequently asked questions