Guaranteed hours are the weekly hours a family agrees to pay when the nanny reserves that schedule and remains ready and available to work—even if the family chooses not to use all the time.
Guaranteed hours reserve availability
A nanny who commits Monday through Friday, 8 a.m. to 6 p.m., usually cannot sell those same hours to another family. Guaranteed pay gives stability in exchange for reserving that time.
Guaranteed hours are normally a negotiated contract term. They should be written separately from vacation, sick time, holidays, and legally required overtime.
Family cancellations should not reduce guaranteed pay
If the family ends a 10-hour day after eight hours, takes a vacation, keeps a child home with a relative, or simply does not need care, the nanny should receive the guaranteed amount when available to work.
- Family vacation or travel
- Parents come home early
- Grandparents provide care
- The family changes plans
- A child attends camp during regular hours
Do not turn guaranteed time into an hour bank
A family should not subtract unused hours from one day and add them to another day or week without agreement. Every workweek must still be calculated correctly for overtime.
If the nanny requests time off or is unavailable, the contract’s paid-time-off or unpaid-leave terms apply instead.
Put the exact rule in the contract
State the regular schedule, number of guaranteed weekly hours, situations covered, treatment of family travel, overtime rate, and what happens when the nanny requests leave.
- Guaranteed days and start/end times
- Weekly guaranteed total
- No banking across days or weeks
- Family cancellations remain paid
- Overtime remains separate
- Nanny-requested leave follows PTO rules
Frequently asked questions
Are guaranteed hours required by New York law?
They are generally a negotiated contractual protection. They do not replace minimum-wage, overtime, or leave requirements.
Should a nanny be paid when a family vacations?
Under a strong guaranteed-hours clause, yes, when the nanny reserved the schedule and remains available to work.
Can the family ask for different duties during guaranteed time?
Only duties within the agreed role. A cancellation should not automatically convert a nanny into a housekeeper or personal assistant.
Do guaranteed hours include overtime?
The agreement can guarantee a schedule, but overtime rules still apply to hours worked over the applicable weekly threshold.
Official information
Laws and agency guidance can change. Review these primary sources: