The Park Slope Parents Nanny Work Agreement

Park Slope Parents strongly advises that parents hiring a Nanny should implement a Work Agreement in their Nanny arrangement. Having a Work Agreement can save a lot of trouble that could have been avoided and is useful not just for you as an employer but also for your Nanny as an employee. Our Nanny Survey data reveals that one of the main things parents wish they had done differently was to have some kind of written agreement with their caregiver. Here, Park Slope Parents talks you through what your Work Agreement needs. NOTE: This information provides guidance to a work agreement, but the employer is responsible for making sure that current laws are reflected in the work agreement and all documentation for your nanny.

Hiring a PART-TIME nanny? Go here for the part-time work agreement!

DOWNLOAD THE PARK SLOPE PARENTS SAMPLE WORK AGREEMENT at the link below. To save a copy of this document for your own use, select File -> Download -> Microsoft Word (.docx).

COMPONENTS OF A WORK AGREEMENT

A Work Agreement should spell as much as possible out in writing.

Review these laws to make sure you are in compliance and that your work agreement reflects these laws:

NEW YORK DOMESTIC WORKERS BILL OF RIGHTS (DWBR)

WAGE THEFT PROTECTION ACT
UNEMPLOYMENT ELIGIBILITY
WORKER’S COMPENSATION AND DISABILITY INSURANCE
PAID FAMILY LEAVE
***NEW*** in 2021 SAFE AND SICK LEAVE

LEGAL MUST-HAVES:

Read the New York State requirements HERE.

- Regular Rate of pay
- Overtime Rates of pay (The DWBR mandates overtime be paid at 1.5 for any hours over 40 OR if the worker works on their designated day of rest)
- Basis (e.g., shift, hourly, weekly) (NOTE: Paying on the books requires pay at an hourly rate).
- The employers intent to claim allowances (e.g., tip or meal allowances/lodging) as part of the minimum wage
- Your name
- Your telephone number
- Your legal address
- Acknowledgment of paid time off
- Policies on sick days (Review the NYC Safe and Sick Leave laws requiring up to 40 hours of unpaid sick leave per year for employers with four or fewer employees and net income of $1 million or less.)
- Schedule and number of hours
- Vacation specifics (including information how many weeks are at the Nanny's choosing and how many are agreed upon, personal leave, holidays, and hours of work)
- Pay day

PSP-RECOMMENDED MUST-HAVES:

- Duties (including household expectations)
- Emergency Contact Information for Children
- Emergency Contact For Nanny
- Confidentiality Agreement
- Family/ House Rules
- Trial period*
- Termination Agreement
- Disciplinary action (like probation terms for tardiness).
- Family Policies:
    - TV Usage
    - Discipline Issues
    - Kitchen Privileges
    - Kids and sleeping (e.g., cry it out)
    - Nanny sleeping/break issues

OPTIONAL MAY-HAVES:

- Schedule for a Raise (Having a raise schedule, including amount, can help avoid confusion and problems later, but may also box you in a corner if your job situation changes).
- Medical Information
- Information about transitions (willingness of Nanny to switch from full day care to part daycare/ part housekeeping; changes if a baby is born)
- Overnight Care
- Traveling with the Family

Be sure to read through the Nanny Survey data HERE to see full breakdown of on the job expectations & neighborhood norms. NOTE: Make sure to be aware of the updated laws around safe and sick leave and paid time off which has not (yet) been updated in the last round of survey data).