A nanny contract should identify the parties, work location, schedule, guaranteed hours, hourly and overtime rates, duties, benefits, transit stipend, expenses, travel terms, confidentiality, review dates, and how either side may end employment.
Start with the job itself
List the children covered, primary work location, start date, regular schedule, expected flexibility, and who may direct the nanny’s work.
- Names of employer and nanny
- Start date and work location
- Daily start and end times
- Children covered by the rate
- Guaranteed weekly hours
Define pay precisely
Record the regular hourly rate, overtime rate, payday, payroll method, reimbursement rules, and any planned rate review. A flat weekly number should not obscure overtime.
- Regular hourly rate
- Overtime calculation
- Weekly payday
- OMNY/MetroCard commuting stipend
- Expense and mileage reimbursement
- Annual compensation review
Separate commuting from work travel
The Nanny Whisperers recommends a separate weekly OMNY or MetroCard stipend for the nanny’s normal commute. Transportation taken with children or for family errands is a work expense and should always be reimbursed separately. State the reimbursement timing and rules in writing.
Separate childcare from household work
List child-related meals, laundry, tidying, transportation, activities, and school responsibilities. General cleaning, family cooking, errands, pet care, or household management should be negotiated separately.
Cover time away and schedule changes
Define guaranteed hours, holidays, vacation, protected time off, family travel, overnight care, severe weather, cancellations, and late relief.
- Paid vacation and holidays
- Protected time off
- Family cancellation policy
- Travel and overnight rates
- Late-relief expectations
Plan for safety and the end of employment
Include emergency contacts, medical authorization, transportation rules, privacy expectations, notice periods, final pay, and return of keys or family property.
Frequently asked questions
Is a nanny contract legally required?
Requirements vary, but written wage notices and other employment obligations may apply. A detailed agreement is strongly recommended even when not mandated as a single contract.
Who should keep a copy?
Both the nanny and family should keep a signed copy and written updates.
Should the contract include a MetroCard or OMNY stipend?
Yes. Our recommended community standard is a separate commuting stipend, with all transportation during the workday reimbursed in addition.
Can duties be changed later?
Yes, by mutual written agreement—ideally with a rate review when responsibilities expand.
Should cash-paid nannies use a contract?
Yes. Payment method does not eliminate the value of clear written expectations or applicable worker protections.
Official information
Laws and agency guidance can change. Review these primary sources:
New York State Domestic Workers’ Bill of Rights