I understand that this information is readily accessible as a resource to me. I have been given the opportunity to ask for clarification as necessary and will seek additional clarification from my supervisor, as necessary. I have read the above statements and agree to comply with the agency's policies and procedures. I understand that nothing contained in the policy manual or in any other materials or information distributed by the company creates a contract of employment between an employee and Xincon. Employment is on an at-will basis. Either the Company or the employee can terminate the employment relationship at any time, with or without cause, with or without notice, unless there is an existing agreement with express terms and conditions covering its termination.

As an employee of Xincon Home Health Care Services, Inc. (hereinafter “the agency”), and as a condition of my employment, I agree to the following:

1. I understand that I am responsible for complying with the HIPAA policies, which were provided to me.
2. I will treat all information received in the course of my employment with the Agency, which relates to the patients of the agency, as confidential and privileged information. 
3. I will not access patient information unless I have a need to know this information in order to perform my job.
4. I will not disclose information regarding the Agency’s patients to any person or entity other than as necessary to perform my job, and as permitted under the Agency’s HIPAA policies.
5. I will not log on to any of the Agency’s computer systems that currently exist or may exist in the future using a password other than my own.
6. I will safeguard my computer password and will not post it in a public place, such as the computer monitor or a place where it will be easily lost, such as on my nametag.
7. I will not allow anyone, including other agency staff, to use my password to log on to the computer.
8. I will log off of the computer as soon as I have finished using it.
9. I will not use email to transmit patient information unless I am instructed to do so by the privacy officer.
10. I will not take patient information from the premises of the agency in paper or electronic form without first receiving permission from the Privacy Officer.
11. Upon cessation of my employment with the agency, I agree to continue to maintain the confidentiality of any information I learned while an employee and agree to turn over any keys, access cards, or any other device that would provide access to the agency or its information.

I understand that violation of this agreement could result in disciplinary actions.

Report To: Nurse

Position Summary:

A Home Health Aide is an individual who provides personal care, home management and other related home health supportive services in order to assist the individual to continue living in their home environment when there are disruptions due to illness, disability, social disadvantage or other problems in the home. The Home Health Aide is under the direct supervision of the licensed nurse. The HHA provides care in accordance with the DOH Matrix: Permissible and Non-Permissible Activities: HHA Services.

Qualifications:

1. Successful completion of a New York State Department of Health approved Home Health Aide training program as demonstrated by a valid Home Health Aide Certificate.
2. No specific experience required.
   • Ability to speak, read and write in English sufficiently to understand and interpret the HHA Plan of Care, document care provided on the HHA Time and Activity report and able to call agency to report change and/or issues related to the patient and/or 911 in case of an emergency.
   • Ability to add and subtract two digit numbers and to multiply and divide with 10’s and 100’s. Ability to perform these operations using units of American money and weight measurement, volume and distance.
   • Holds a valid Home Health Aide Certificate.
   • Ability to apply common sense understanding to carry out simple one or two step instructions. Ability to deal with standardized situations with only occasional or no variables.

Contact:

Most Frequent Contact:

• Agency Staff (Coordinator, nurse)
• Receive supervision, development of POC

Nature of Purpose:

• Provide care and service
• Receive supervision, development of POC

Equipment Operation:

Walker, Cane, Crutches, Wheelchair, Commode, Hospital Bed, Hoyer Lift, Household appliances (i.e. vacuum, refrigerator, stove, blender, toaster, etc)

 

Specific Duties and Responsibilities:

In order to comply with the Americans with Disabilities Act (ADA), each essential duty should be indicated with an “x” in the ADA box. A duty is essential if:

1. The position exists to perform that duty;
2. It requires specialized skills and/or expertise;
3. It can only be performed by a limited number of available employees.

Preparing and serving normal/therapeutic diets. Assisting patient with eating, monitors intake.

Assisting with bathing of patient - in bed, tub and shower

Assisting with grooming, care of hair, including shampoo, shaving with electric razor only, and ordinary care of nails - this means soaking and filing nails.

Assisting with care of teeth and mouth.

Assisting patient on and off bedpan, commode and toilet.

Assisting patient in transferring from bed to chair, to wheelchair and in walking with or without devices.

Assisting patient with dressing

Assisting patient with self-administered, oral medications that have been ordered by the medical practitioner.

Taking temperature, pulse and respiration as directed

Use of special equipment i.e. hoyer lift.

Assisting, as instructed with a home exercise program including passive range of motion, turning and positioning.

Reporting any change in patient’s mental and physical condition or home situation to the nurse.

Making and changing bed/linens

Dusting and vacuuming the rooms the patient uses.

Tidying kitchen, dishwashing

Tidying bedroom

Tidying bathroom

Patient’s personal laundry; this may include necessary ironing and mending.

Provides a supportive environment and ongoing reality orientation to confused patients using appropriate interpersonal behavioral techniques.

Assists with self-administered medications.

Take and record temperature, pulse, respiration.

Measure and record Intake and Output

Reinforce sterile dressing.

Empty urinary or ostomy bag

Cleanse catheter insertion site.

Administer special skin care as directed

Collect stool, sputum and urine specimens using appropriate techniques

 

FUNCTIONS PERMISSIBLE FOR HOME HEALTH AIDES UNDER SPECIAL CIRCUMSTANCES:

Assist with changes of colostomy bag

Reinforce dressing and change simple non-sterile dressing.

Assist with the use of devices geared to disability to aid in daily living

Assist patient with prescribed exercises which the Home Health Aide has been taught by appropriate professional personnel.

Apply prescribed ice cap or ice collar.

Perform simple urine test for sugar, acetone or albumen and record results

Perform functions allowable as per : NYS DOH Approved Scope of Practice

The home health aide WILL NOT perform these functions under any circumstances:

1. Foley catheter irrigation
2. Apply a sterile dressing
3. Give enemas or remove impactions
4. Perform gastric lavage or gavage
5. Applications of heat in any form

Customer Service/ Interpersonal Skill

1. Assists other employees where needed
2. Is responsible and cooperative with patients/families, supervisors, fellow employees 
3. Maintains friendly working atmosphere
4. Maintains appropriate attitude
5. Maintains appropriate appearance
6. Accepts constructive criticism as evidenced by appropriate changes in behavior
7. Utilizes established channels of communication
8. Recognizes, accepts and respects people as individuals
9. Recognizes limitations and seeks assistance appropriately

Specialized Skills and Technical Competencies:

1. Ability to apply prostetic devices
2. Ability to take and record TPR and measure I&O
3. Ability to reinforce sterile dressing and change non-sterile dressing
4. Ability to follow the instructions related to exercise and positioning
5. Ability to safely use the hoyer lift
6. Ability to care for urinary, ostomy and foley catheters
7. Ability to apply warm or cold compress, ace bandage and elastic stockings

Physical Demands:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. Check one physical requirement which applies to this position:

Medium Work:

Exerting up to 50 pounds of force occasionally and/or up to 20 pounds of force frequently and/or up to 10 pounds of force constantly to move objects.

 

Work Environment:

Patient’s Home

Confidentiality Statement:

Agency records are maintained in a safe and secure area with specific access availability to ensure confidentiality. Agency records, files, documents and reports are the exclusive property of the Agency. Only authorized personnel will have access to clinical/financial/personnel records.

All agency records, files, documents and Access to confidential employee/patient information files will be limited to agency personnel involved in the care and service of the patient.

Agency staff with access to computer files holds all information in strictest confidence in the processing, storage and discarding of all data. Only authorized personnel will have access to written and computer data information; Authorized personnel will be assigned passwords/access codes to computer files necessary to conduct their responsibilities;

Responsibilities of this job position have clearance for access to the following confidential information:

• Patient Plans of Care and identifying data

I have been oriented to the agency’s confidentiality policy. I understand that any Agency employees who do not honor the Confidentiality Policy are subject to termination and possible legal action. I agree to abide by the agency’s confidentiality policy.

Purpose of the FAIR Program. Xincon Home Healthcare Services, Inc. values each employee and looks forward to good relations with and among all of its employees. Occasionally, however, disagreements may arise between you and our company or between employees in a context that involves Xincon Home Healthcare Services, Inc. To facilitate expeditious and impartial resolution of any such disagreements, Xincon Home Healthcare Services, Inc. has adopted this Fact-finding and Issue Resolution Program (the “FAIR Program” The FAIR Program is effective 6/22/2017.

The FAIR Program is an essential element of your employment and/or continued employment with Xincon Home Healthcare Services, Inc., and it constitutes a binding agreement between you and Xincon Home Healthcare Services, Inc. You indicate your agreement to be bound by the FAIR Program’s terms and conditions by signing your name at the bottom of this document and beginning or continuing your employment with Xincon Home Healthcare Services, Inc. after receiving notice of this FAIR Program.

What does the FAIR Program cover? The FAIR Program covers any Claim between You and Xincon (as these terms are defined below) that are asserted after the effective date of the FAIR Program, regardless of whether those Claims arose before or after the effective date of the FAIR Program, and regardless of whether such Claims were initially raised before the effective date of the FAIR Program. The FAIR Program also applies to Claims made after your employment with Xincon ends.

Meaning of Terms in this FAIR Program. For purposes of the FAIR Program, “Xincon” means Xincon Home-Healthcare Services, Inc., each of its subsidiaries, affiliates, and successor entities, as well each of their partners, principals, members, agents, and employees against whom a Claim is asserted in connection with their duties for or in relation to Xincon.

“You” and “Your” refers to you and any other person who may assert your rights.

Claim” includes any employment or compensation-related claim, dispute, controversy or action between you and Xincon that in any Xincon or the termination of your employment with Xincon and that is based on a way arises from or relates to your employment with legally protected right (i.e., statutory, regulatory, contractual, or common-law rights Any counterclaim or cross-claim asserted by you or Xincon in connection with a Claim will be considered and decided as part of that Claim (to the extent such claims are not expressly excluded under the FAIR ProgramBy way of example, and not by way of limitation, the term Claim includes any claim, controversy, or dispute arising under or in connection with:

• Title VII of the Civil Rights Act of
• the Civil Rights Act of
• the Age Discrimination in Employment Act of
• the Americans with Disabilities Act of
• the Fair Labor Standards Act or any state wage and hour laws, such as the New York Labor Law
• the Equal Pay Act of
• the Rehabilitation Act
• the Older Workers Benefit Protection Act
• the Family and Medical Leave Act
• the Occupational Safety and Health Act
• the Worker Adjustment and Retraining Notification Act
• any state anti-discrimination, anti-retaliation, or whistleblower laws (including, without limitation, the New York State Human Rights Law and the New York State Whistleblower Law)
• any claim regarding the validity, enforceability, coverage or scope of the FAIR Program or any part thereof
• any other federal, state, or local statute, regulation, or common-law doctrine regarding employment, discrimination, harassment, terms and conditions of employment, termination of employment, compensation, breach of contract, or defamation.

Are any Claims not covered by the FAIR Program? Yes. The term “Claim” does not include any claim, controversy, or other dispute between Xincon and You: (a) for injunctive or equitable relief for breach of a restrictive covenant (e.g., non-competition covenant, non solicitation covenant, anti-raiding covenant), unauthorized use or disclosure of confidential information or trade secrets, or similar unfair competition; (b) for workers’ compensation benefits (except for claims of interference or retaliation under the workers’ compensation law); (c) for unemployment compensation benefits; (d) for employee welfare or retirement benefits governed by the Employee Retirement Income Security Act (“ERISA”) (except for claims for interference or retaliation under ERISA); or (e) for unfair labor practice charges under the National Labor Relations Act (“NLRA”).

The FAIR Program also does not (a) Prevent You from filing a charge, testifying, assisting, or otherwise participating in any investigation or proceeding conducted by the equal employment opportunity commission, or another government agency to the extent You have a protected right to do so. But if You take such action in relation to a claim, controversy, or other dispute that would constitute a Claim and you have not fully pursued such dispute through the FAIR Program, Xincon may request the agency in question to defer its processing or investigation of such charge until the FAIR Program has been completed. Notwithstanding Your rights under this subsection, You agree that, to the maximum extent permitted by law, You may recover monetary relief with respect to a Claim only through the FAIR Program, or (b) Require Xincon to begin arbitration proceedings or initiate any other procedure whatsoever before taking any action regarding your employment with which you might disagree, such as coaching, counseling, warning, reprimand, suspension, investigation, discipline, demotion, changing your days or hours of work, or termination.

Can A Claim Be Resolved in Court? No. Under the FAIR Program, You and Xincon each waive your respective rights to have a Claim Xincon agree that arbitration decided by a court, judge, jury and, where permitted by law, an administrative agency. Instead, You and under the FAIR Program is the sole and exclusive method for resolving Claims. If either You or Xincon files an action in court or another forum not contemplated by the FAIR Program asserting one or more Claims and the other party successfully stays such action and/or compels arbitration of such Claim, the arbitrator may assess reasonable costs and expenses, including an award of reasonable attorneys’ fees, incurred in seeking such stay and/or order compelling arbitration against the party that filed the action in court or such other forum.

How Should You Raise a Claim Under the FAIR Program? If You believe You have a Claim against Xincon, You should first give Xincon a chance to investigate and resolve the Claim before You file a demand for arbitration (the arbitration process is explained further below You do not need to use any specific form to submit a Claim. Simply write a letter explaining your Claim and the relief sought, and submit the Claim statement to Xincon’ s Administrator. As part of this process, a Xincon representative might meet with you to discuss your complaint. Or, depending on the nature of the Claim, Xincon will investigate the Claim on its own, such as by reviewing its Xincon within 30 days, You must follow the arbitration procedure set forth records. If You do not receive a satisfactory response from below if you wish to pursue the Claim.

How Much Time do You Have to File a Claim? An arbitration proceeding under the FAIR Program must be commenced within the time period prescribed by the statute of limitations applicable to the Claim being asserted. For purposes of statute of limitations, an arbitration proceeding is deemed commenced when a demand for arbitration is filed with the American Arbitration Association (“AAA” Filing an internal Claim under the FAIR Program will not extend the time period within which You must file a demand for arbitration.

The Arbitration Process

How does the arbitration process begin? To start the arbitration process, the party wishing to file a Claim must file a written demand in accordance with the rules of the AAA for starting the arbitration process. More information about the AAA may be obtained at www.adr.org or by calling 1.800.778.7879.

How is the arbitrator selected? All arbitrators must be licensed attorneys or retired judges selected from the AAA’s regional Employment Dispute Resolution Roster, or an equivalent list if such list is unavailable. Unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer who has at least 5 years of experience with employment-related claims. No person may serve as an arbitrator unless that person has confirmed in writing that he or she is bound by and will adhere to the requirements of the FAIR Program.

Can an attorney represent You? Yes. Any party may be represented by an attorney. But legal representation is not required and You may represent yourself.

When and where will Arbitration take place? The arbitration will be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of evidence and arguments of the parties. The arbitrator will set the time, date, and place of the hearing, notice of which must be given to the parties at least 30 calendar days in advance, unless the parties agree otherwise. In the event the hearing cannot be reasonably completed in one day, the arbitrator will schedule the hearing to be continued on a mutually convenient date. Any arbitration hearing will take place within Manhattan County, State of New York, unless the parties agree otherwise.

What law applies to the Arbitration? Arbitration under the FAIR Program will be conducted pursuant to the AAA’s Employment Arbitration Rules and Mediation Procedures. If there is any conflict between the FAIR Program and the AAA rules and procedures, the FAIR Program terms will govern unless application of such terms would cause the AAA to decline to provide its services, in which case the AAA rules and procedures will govern (except that under no circumstance will an arbitrator have the authority to hear or decide any Claim on a class, collective, or other group or representative basis The arbitrator must apply the substantive law, including the applicable burdens of proof and persuasion that would be applied by a court hearing the Claim in the venue of the arbitration. The arbitrator may grant relief that could be granted by a court hearing the Claim, but will not have any authority to grant any other relief.

Can claims be heard or decided on a class, representative, or collective basis? No. Notwithstanding anything to the contrary, this is not permitted under any circumstance. Notwithstanding anything to the contrary: (a) no arbitrator is permitted to hear or decide any Claim on a class, collective, or other group or representative basis; (b) all Claims between You and Xincon must be decided individually; and (c) the AAA’s Supplementary Rules for Class Action Arbitration (and any similar rules) will not have any applicability to any Claim. Xincon will have the right, with respect to that Claim, to do any of the following in This means that if You have a Claim, neither You nor court or before an arbitrator: (a) pursue or obtain any relief from a class, collective, or other group or representative action; (b) act as a private attorney general; or (c) join or consolidate a Claim with the Claim of any other person. Thus, the arbitrator shall have no authority or jurisdiction to process, conduct, or rule upon any class, collective, private attorney general, or other representative or group proceeding Xincon, those Claims may be heard in a single arbitration under any circumstances. If there is more than one Claim between You and hearing.

Who pays for the arbitration? The party claiming to be aggrieved is responsible for paying the applicable filing fee in effect and established by the AAA at the time the demand for arbitration is made. If You file the demand for arbitration and cannot obtain a waiver Xincon to bear such costs. Xincon will review every such request in good faith and consider whether to of the filing fee, You can ask cover all or part of such filing fee. The parties will equally share the arbitrator’s fees and other costs of the arbitration. Each party will be responsible for its own attorneys’ fees and costs, but the arbitrator may award either party reasonable attorneys’ fees and costs, to the extent a court hearing such Claim could award attorneys’ fees under applicable law. Any amounts required to be paid by You under this paragraph may be adjusted or eliminated to the extent necessary for the FAIR Program to be enforceable.

Will there be discovery or depositions? Except as modified by the FAIR Program, all discovery will be governed by the Federal Rules of Civil Procedure (“FRCP”).

Can You have witnesses testify at the arbitration? Yes. At the hearing, the parties will have the right to present proof through testimony and documentary evidence, and to cross-examine witnesses who testify at the hearing. The arbitrator will require all witnesses to testify under oath.

The parties must exchange witness lists at least ten (10) calendar days prior to any hearing. A party may not present a witness at a hearing if the name of that witness was not provided to the opposing party at least 10 calendar days prior to the hearing. The arbitrator will have the authority to sequester witnesses, other than a party and the party’s representative(s), from the hearing during the testimony of any other witness. The arbitrator(s) will also have the authority to decide whether any person who is not a witness may attend the hearing.

Can the arbitrator determine a Claim before the arbitration hearing? Yes. Upon a party’s motion and after giving due opportunity to the parties to present their positions, the arbitrator may grant or dismiss a Claim, or a portion thereof, if the arbitrator determines, in accordance with the standards that would be applied by a court hearing the Claim, that all or part of a party’s Claim fails to state a legal claim or that there is no genuine issue of material fact as to all or part of a party’s Claim. The moving party must file all motions with the arbitrator at a date set by the arbitrator. Parties may file such motions before or after discovery is complete. But no such motion may be filed 20 days before the arbitration hearing is scheduled to begin.

What if someone does not show up to the hearing? The arbitrator will have the discretion to allow a hearing to proceed in the absence of any party or representative who, after due notice, fails to be present or obtain a postponement. An award, however, shall not be made solely on the default of a party; instead, the arbitrator shall require the party who is present to submit such evidence as may be required for the making of the award.

Can there be split hearings? The hearing cannot be bifurcated, which means that the same arbitrator must hear the evidence and render a judgment on the damages, if any, in one hearing.

Is arbitration confidential? Yes. You and Xincon agree that all aspects of any arbitration, including any award and opinion issued, will be strictly confidential. Neither You, Xincon, nor our respective attorneys in the arbitration proceeding will reveal or disclose any information regarding the arbitration proceeding to any other person, except that disclosure may be made to Your spouse, tax advisor, or Xincon to its agents and employees, to attorney (each of whom You must ensure agrees to keep such information confidential), by comply with a valid court order, subpoena, or other direction by a court, to a relevant governmental entity to the extent You have a Xincon agree to notify each protected right to make such disclosure, or as otherwise required by law. If disclosure is compelled, You and other as soon as notice of such compelled disclosure is received and before disclosure takes place. This confidentiality obligation does not apply to disclosures necessitated by a later proceeding between the parties.

What will the arbitrator’s award say? The arbitrator must render a written award and opinion in the form typically rendered by employment arbitrators. Unless the parties agree otherwise, the Arbitrator must issue his or her award within sixty (60) days from the date the arbitration hearing concludes or post-hearing briefs (if requested) are received, whichever is later. The arbitrator’s award must set forth the factual and legal basis for the award, including his or her detailed legal reasoning, and contain a summary of the facts, the issues, the governing law applied, and the relief requested and awarded. It should also identify any other issues resolved and the disposition of any statutory claims. Disposition of any request for attorneys’ fees must be addressed in the award. The arbitrator’s award will be final and binding on the parties. Judgment on any award may be entered and enforced in any court of competent jurisdiction.

How Long Does the FAIR Program Apply to You? The FAIR Program will remain in effect and survive the cessation of Your employment relationship or affiliation with Xincon, regardless of the reason for such cessation.

Miscellaneous Provisions

Choice of Law. Arbitration proceedings under the FAIR Program shall comply with and be governed by the provisions of the Federal Arbitration Act (“FAA”) and not by any state law concerning arbitration. The parties acknowledge and agree that the FAIR Program evidences a transaction involving interstate commerce.

Severability. If any part or provision the FAIR Program is held to be invalid, illegal, or unenforceable, such holding will not affect the legality, validity, or enforceability of the remaining parts and each provision of the FAIR Program will be valid, legal, and enforceable to the fullest extent permitted by law. However, in the event the provision prohibiting class, collective, or representative actions is found to be unlawful or unenforceable, then the entire FAIR Program will be considered null and void.

Notices. Any notice required to be given to You will be directed to Your last known address as reflected in the records of Xincon. Any notice required to be given to Xincon will be directed to:

Emmi Chen, Administrator

Xincon Home-Healthcare Services, Inc.

th 224 West 35 Street, Suite 708, New York NY 10001

Amendment. Xincon reserves the right to amend or terminate the FAIR Program. Such amendments may be made by providing notice to You, electronically or otherwise, of such amendment or termination. Any amendments will be prospective only. Your continuation of employment after receiving notice of any amendment to or termination of the FAIR Program will be deemed agreement to such amendment or termination.

Waiver. No waiver may be granted by either party, except in writing. No waiver of any provision of the FAIR Program will constitute a waiver of any other provision of the FAIR Program (whether or not similar), nor will such waiver constitute a continuing waiver unless otherwise expressly provided in such writing.

By signing below, You confirm that You have read and understand the terms and conditions of the FAIR Program, which require You to submit all Claims to binding arbitration on an individual basis. No provision of any other document You may receive from Xincon will be construed as a waiver of the provision prohibiting class, collective, or representative actions.

Xincon Home Health Care Services, Inc.

224 West 35th Street, Suite 708

New York, NY 10001

June 22, 2017

Dear Employees:

Re: One-Employee Shift Acknowledgement

As a non-exempt home health aide at Xincon Home Healthcare Services, Inc. (“the Company”), you are entitled to meal breaks in accordance with New York State law. We encourage our employees to take those duty-free, uninterrupted, 30-minute meal breaks to which they are entitled. At the same time, however, the nature of the home health care industry necessitates that only one home health aide be on duty at a patient’s home at any one time. Because home care services are provided in patients’ homes, and because patients’ homes are dispersed across a wide geographic area, it is not feasible to send another employee to relieve home health aide while he or she takes a meal break. Moreover, as the only home health aide on duty during your shift, you are, as you know, responsible for ensuring the health and safety of the patient, and providing for his or her needs. So if a circumstance arises during a shift that requires your attention, you must be available to address that circumstance and see to it that the patient’s needs are met. Given this, it may be difficult for you to take each uninterrupted, duty-free meal break to which you are entitled.

We are therefore requesting that you consider consenting to an arrangement whereby you would agree to eat on the job without being relieved of your duties during those shifts when the patient’s circumstances prevent you from taking an uninterrupted, duty-free meal break. If you agree to this arrangement, you will be eligible for the meal breaks to which you are entitled, but you would likely have to work through part or all of them, based on the patient’s circumstances. You would, however, be paid for all of your meal breaks, regardless of whether you worked through them or not. Alternatively, if you decide not to accept this arrangement, we will endeavor to schedule your shifts in a manner that complies with the law.

A copy of the Company’s One-Employee Shift Acknowledgement is enclosed for your consideration. Please review the Acknowledgement carefully, and if you agree to the arrangement detailed therein, please execute it and return it to your supervisor.

Sincerely yours,

Emmi Chen

Administrator

Enclosure

I acknowledge and agree as follows.

• Pursuant to New York law, I am entitled to a duty-free, uninterrupted meal break.
• The Company encourages its employees to take the uninterrupted, duty-free meal breaks to which they are entitled.
• The nature of the home health care industry in which the Company operates, however, necessitates that only one home health aide be on duty at a patient’s home at any one time. As the only home health aide on duty during my shift, I am responsible for ensuring the health and safety of the patient and providing for his or her needs. Thus, if a situation arises during my shift that requires attention, I must be available to immediately address that situation and see to it that the patient’s needs are met and his or her health and safety protected. It may therefore be difficult for me to take the uninterrupted, duty-free meal breaks outlined above during my shifts as there would not be any home health aide available to relieve me.
• In view of this, the Company has asked me to consider voluntarily consenting to an arrangement whereby I would eat on the job without being relieved of my duties during those shifts when the patient’s circumstances prevent me from taking an uninterrupted, duty-free meal break. During these shifts, I would continue to be entitled to meal periods, but they would likely be subject to interruption and I may have to work through all or part of them. During my other shifts, I would remain entitled to the duty-free, uninterrupted meal breaks detailed above. But under the proposed arrangement, I would be paid for all of my meal breaks while the arrangement remained in place, regardless of whether the meal breaks were interrupted or whether I worked through all or part of them.
• I am under no obligation to accept this proposed arrangement. If I decide not to accept the proposed arrangement, all I need to do is inform my supervisor of my decision and the Company will endeavor to schedule my shifts in a manner that complies with the law.
• By signing below, I am voluntarily agreeing to the meal break arrangement proposed by the Company as detailed above. My decision to accept this arrangement is made knowingly, voluntarily, and of my own free will, free from any duress, coercion, or undue influence.
• I may revoke this Acknowledgement at any time by informing my supervisor in writing.

POLICY RECEIPT ACKNOWLEDGEMENT

I acknowledge that I have received the following policy:

Sexual Harassment Prevention Policy

 

In effect: 4/8/2019 until further notice

I understand that this information is readily accessible as a resource to me. I have been given the opportunity to ask for clarification as necessary and will seek additional clarification from my supervisor, as necessary. I have read the above statements and agree to comply with the Company's policies and procedures. I understand that nothing contained in the policy manual or in any other materials or information distributed by the company creates a contract of employment between an employee and Xincon Home Healthcare Services, Inc. Employment is on an at-will basis. Either the Company or the employee can terminate the employment relationship at any time, with or without cause, with or without notice, unless there is an existing agreement with express terms and conditions covering its termination.