Domestic Employee Work Agreement: What to Include and When to Re-visit

Feb 16, 2018 | Employee Benefits, Hiring an Employee, Household Employer Policies

What should you include in a domestic work agreement? How often should you re-visit it for potential revisions?

The domestic employee work agreement may be the single most important document between your family and worker. It outlines the employment engagement with specific details about compensation, benefits, terms, and more. It establishes a clear understanding between your family and employee regarding the worker’s duties and responsibilities, and the expectations of both parties. By outlining what is expected from your family and employee, the contents of a domestic employee work agreement are essential in keeping a healthy relationship between all of those involved.

What should be included in a work agreement? How often should it be re-visited and potentially revised?

Term of employment

This details how long the household employment lasts, whether it be for six months, a year, or for the foreseeable future. This section should also include dates to review performance, the work agreement itself, and the possible extension of the term of employment (if there is one).

Job expectations

Restate what was included in the job description. Be specific in duties that the employees should perform. This should also include the necessary tools that the employee needs to perform their duties, such as means of travel and cash or a credit card for purchases if required for the job. Duties not specified in the domestic employee work agreement shouldn’t be expected to be performed by the employee. Expecting workers to perform tasks not covered in the work agreement can lead to tension and strain between your family and employee.

Procedures and instructions

Outline how the household employee should perform their required daily tasks.

Employee’s expectations

The domestic employee work agreement should be developed by both your family and the household employee. The employee’s expectations for the job should be included to help avoid future disagreements.

Confidentiality

Include important considerations for your household, such as protecting confidential information, not repeating what is seen or heard inside the home, and whether your employee can share pictures of your home or children on social media. If a separate confidentiality and nondisclosure agreement is needed, attach it to the end of the work agreement.

Compensation and benefits

Detail how and when your employee will be compensated, including additional benefits they may receive. Outline the amount the employee will receive as well as an overtime rate. Note whether paychecks or direct deposit will be provided weekly, bi-weekly, monthly, or at any other frequency. Include the appropriate deductions required by federal and state laws. Benefits may include vacation and sick time, health insurance, stipends and reimbursements, and other agreements between you and your employee. Include details such as certain times of the year your employee may not take time off and how much notice should be given to your family before any leave is given.

Terms and conditions of employment

State important terms that must not be violated by the employer and the household employee. Examples include drinking or using illegal drugs while on the job, discussing salary and benefits with other household employees, and providing expense reports when using employer money.

Applicable laws

Address federal, state, and local laws that are relevant to the job. These may include a Domestic Workers Bill of Rights, Fair Labor Standards Act (FLSA), Paid Family Leave, rules around at-will employment, and others.

Modifications and interpretation

Having a Modification and Interpretation section of the domestic employee work agreement is also useful. Simply state that the work agreement is a “living document” and specifics may change with mutual consent. The household employment landscape is constantly shifting and concerns may arise that are unforeseen.

The domestic employee work agreement should be revisited on an annual basis, if not more frequently. The document should be revisited when new laws are passed (affecting household employment) or both parties wish to make changes such as adjusting salary, benefits, work functions, and duties, or anything else that pertains to the job.

Here are some additional tips when putting together a work agreement.