Employment Contract
Create a Texas-compliant daycare employment contract. Protect your center with at-will clauses, staff-to-child ratio compliance, and TX Labor Code safeguards.
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Operating a Texas daycare requires more than just standard employment terms; it demands a contract that addresses the high-stakes environment of child care. This agreement protects your center by... Read more
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Operating a Texas daycare requires more than just standard employment terms; it demands a contract that addresses the high-stakes environment of child care. This agreement protects your center by establishing 'at-will' employment under Texas Labor Code § 21.051, reinforcing strict adherence to staff-to-child ratios, and ensuring mandatory background checks as required by the Child Care and Development Block Grant Act. By using this document, you mitigate risks related to licensing violations and child injury liability while ensuring your non-compete clauses meet the specific 'ancillary' requirements of Tex. Bus. & Com. Code § 15.50.
Beyond the standard employment contract sections, this template adds fields specific to Daycare Center Owner:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Staff background checks
Use of rigorous pre-employment screening processes detailed in employment agreements.
For this employment contract to be legally valid:
Common mistakes to avoid:
Child Care and Development Block Grant Act
This federal law sets minimum child care standards and stipulates requirements for health, safety, and quality, such as background checks for staff and provider inspections.
Enforced by U.S. Department of Health and Human Services (HHS)
State Child Care Licensing Regulations
Every state has specific licensing regulations that cover various health and safety standards, staff qualifications, and facility requirements for daycare centers.
Enforced by State Departments of Health or Human Services
Americans with Disabilities Act (ADA)
Requires daycare centers to accommodate children with disabilities and prohibits discrimination based on disability.
Enforced by U.S. Department of Justice
Occupational Safety and Health Act (OSHA)
Commercial daycare centers must comply with OSHA standards to ensure a safe working environment for employees.
Enforced by Occupational Safety and Health Administration
Recommended coverage: General Liability Insurance · Professional Liability Insurance (E&O) · Workers' Compensation Insurance · Commercial Property Insurance
While Texas is an at-will state, daycare owners should explicitly state this in the contract to maintain flexibility. However, you must still comply with Tex. Lab. Code § 21.051 regarding non-discrimination and federal ADA requirements when making any termination decisions.
Under Tex. Bus. & Com. Code § 15.50, a non-compete must be ancillary to an otherwise enforceable agreement. This contract is structured to provide the necessary consideration—such as specialized training in child safety and curriculum—to make these restrictive covenants enforceable.
Yes. This contract treats compliance with state-mandated staff-to-child ratios as a core job duty. This allows for disciplinary action or termination if an employee jeopardizes your facility's licensing through negligence in classroom monitoring.
Our contract includes clauses requiring mandatory reporting and adherence to the training protocols outlined in your compliance manuals, mitigating liability as per Health and Human Services (HHS) and State Licensing standards.
State laws affect what must be in this document. Pick your jurisdiction.
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