Legal Facts about Babysitting
Information for young
people who babysit.

What is the legal age for babysitting?

There is no law that says what age you must be before you can babysit. The children's parents decide the age they want their babysitter to be. It is their job to hire someone who can look after their children properly. The parents think about

• your age and maturity
• your experience as a babysitter
• the age and number of their children
• how long you will be babysitting (a few hours, one evening, overnight)
• whether you can handle any special needs of the children

You may have your own guidelines about babysitting. For instance, you may decide not to babysit more than two children at a time or children under a certain age.

If you are under 16 years old ...

• it is against the law for you to babysit during school hours

Parents are responsible to ...

• choose a suitable babysitter for their children
• give you instructions on how to care for their children
• make sure their house is safe, for example, no broken stairs, fire traps or dangerous materials in the house
• be home at the stated time or phone to let you know they will be late
• give you instructions on how to deal with anyone who telephones or comes to the door

What laws apply to babysitting?

In most cases, labour laws that set out things like minimum wage and holiday pay do not apply to babysitting.

How much should you get paid?

You and the parents can work out together what your wage is. Your agreement is a legal contract. When you agree to babysit ...

• find out what the usual wage for babysitting is in your community and
• talk with the parents about wages and
• make an agreement about how much you will get paid

If the parents do not pay you ...

• ask the parents why they are not paying
• take another adult with you to talk to the parents and try to settle the problem
• ask an adult to help you take the parents to Small Claims Court to sue them for your wages

If the parents ask for a receipt ...

• they may be able to use it for income tax
• it may not affect you if babysitting is your only income

When do labour laws apply?

The right to minimum wage, holiday pay, and maternity leave only applies to someone who works as a domestic. That is someone hired

• to care for children and
• to do housekeeping and cooking and
• to work for a certain number of hours on a regular weekly basis

What can the parents expect you to do?

When parents hire you to babysit their children, your job is to

• look after them in a way that is reasonable according to their age
• be responsible for the children and keep them safe while they are in your care
• follow general instructions on how to look after them
• give medication only on the parents' instructions, never on your own

What if something goes wrong?

If you break something or someone is hurt while you are babysitting, you may be able to work it out with the parents. For example, if property is damaged

• the parents may be able to get insurance to pay for the damage
• you and the parents can agree on who pays for all or part of the damage

Can the parents sue you?

If you cannot work it out with the parents and it is clearly your fault, the parents can sue you. It may be your fault if you

• do not take enough care in a certain situation and
• do not act reasonably for someone of your age and maturity

If the parents of the children put you in a situation that is too difficult for you to handle, any damages or injuries could be their fault.

Are your parents responsible if you are sued?

Your parents are not usually responsible for damages you cause while you babysit. Your parents may be responsible if

• they know about your actions and do not do anything
• they give you advice about a certain situation
• they allow you to get into a situation you cannot handle

If the parents don't come home ...

• call your own parents, or
• call a crisis line or the police

What can you do to be a good babysitter?

Looking after someone's children is a serious job. Some things to do ahead of time are

• take a babysitting course
• talk to the parents about what they expect from you
• make an agreement with the parents about how much you will be paid
• ask the parents for any general or special instructions
• find out where to contact the parents if there are problems
• know the numbers to call in case of emergency, for example, police, doctor, fire or a close neighbour

For information on how to organize and teach a babysitting course in your community, parents or teachers can contact

Saskatchewan Safety Council
445 Hoffer Drive
Regina, Saskatchewan S4N 6E2
(306) 757-3197