A nanny agreement is simply a written employment agreement between the hiring family and their nanny. Because nannies work in the home, it is easy to blur the lines between the personal and employment relationships that exist between the family and their nanny. As the family hiring the nanny, having a full written employment agreement with your nanny is important for several reasons.
- Legal Protection – The first and most obvious reason for a written employment agreement is to protect yourself from litigation that might come out of a dispute between your family and the nanny you have hired. No one expects a nanny relationship to end up in court; having an agreement drawn up that is clear and concise will decrease the likelihood that litigation will happen and further protect you if it does.
- Professionalism – A highly qualified nanny will expect and likely request a formal written agreement. If you want to attract the very best in the business for your childcare needs, then you should plan on being able to present a very comprehensive nanny agreement to your candidates.
- Clarity – When discussing the details of an employment arrangement with potential nannies, it is easy for misunderstandings to arise. A written agreement allows you to clarify ambiguous terms such as what is considered a ‘reasonable’ amount of notice and the details of duties expected to be performed on daily, weekly or monthly basis.
- Thoroughness – In the process of drawing up and reviewing an employment agreement with your nanny, it provides the opportunity to cover all the potential scenarios that might arise, before they happen. A much better solution that having to make new decision each time a new issue arises during the course of employment.
- Enforcement – In a court of law, a verbal agreement is just as binding as a written one, but there is a difference; a verbal agreement is dependent on the memories of the parties involved, which do not always agree. A written agreement leaves no question as to the original agreement and can be enforced with more expediency.
- Confidentiality – One of the issues that can arise in the employment of a nanny in the home, is the issue of family confidentiality. If you want to strongly emphasis your expectations on this point, there is no better way than to include those expectations clearly within the nanny agreement. Knowing that a slip of the tongue could put her in breach of contract can be just the incentive needed should your nanny be tempted to share family secrets.
- Consistency – Having all the details of employment from pay rates, hours, benefits, duties and termination spelled out in detail allows for a consistency in how you handle situations that arise. This way the answer to most any question that arises is: What does our agreement say?
- Relationship foundation – A written employment agreement provides a strong foundation for the type of relationship expected between you and your nanny. Writing out the details of an employment agreement does not foster a lack of trust, but demonstrates your confidence in your nanny to perform on a professional level and your intent to do the same.
- Early termination – There are few things that can rattle a household more than having to terminate a nanny before the end of an agreed upon term. Regardless of what circumstances bring it about, having a clear format for navigating through the situation, already outlined in an employment agreement, can be very beneficial for both parties.
- Setting a Precedent – Beginning your employment relationship with your nanny with a formal written agreement sets a precedent for any future changes to your employment terms. It would be quite proper for a nanny to assume and expect that any changes made during the course of employment would be done so as a written addendum to the original agreement.
Taking the time and expenditures necessary to have a thorough nanny agreement drawn up will always be a great advantage to the family in the hiring position.
