Question 1

Do I legally need a nanny contract?

Accepted Answer

Federal law doesn't require one, but some states and cities do. For example, New Jersey and DC require a signed written contract for a nanny who works 5 or more hours a month, Massachusetts requires a written agreement for a nanny who works 16 or more hours a week, Nevada requires one at hire, and Chicago and Philadelphia require one too. New York requires written notice of the pay rate and payday at hire, Connecticut requires written notice of pay, hours, duties and leave, and Illinois requires notice of pay at hire in writing whenever possible. Even where it's not legally required, a written contract protects both you and your nanny by setting clear expectations.

Question 2

Is this contract legally binding?

Accepted Answer

This contract template is designed to be a comprehensive employment agreement. Once both parties sign it, it serves as a record of your agreed-upon terms. However, this is a template, not legal advice. We recommend consulting an employment attorney in your state for specific legal questions.

Question 3

What about taxes? Do I need to withhold?

Accepted Answer

If a nonexempt nanny reaches $3,000 in 2026, Social Security and Medicare generally apply. FUTA uses a separate quarterly household test, state rules vary, and income-tax withholding is generally voluntary federally. This contract includes a tax acknowledgment section.

Question 4

Can I modify the contract later?

Accepted Answer

Yes! Employment terms can always be renegotiated. We recommend creating a new contract whenever you make significant changes to pay, schedule, or duties, and having both parties sign the updated version.

Question 5

What if my nanny is live-in?

Accepted Answer

Live-in nannies have special considerations around overtime, room and board deductions, and rest periods. Some states (like California and New York) have specific protections for live-in domestic workers. This contract covers the basics, but live-in arrangements may need additional terms.

Free nanny contract template, built for your state

Nanny contracts by state