Parties to this agreement are Cedas Home Care Services, LLC and the individual (“Homemaker Home Health Aide” or “HHHA”) whose signatures appear below and who for full consideration, given and received, each intending to be legally bound, agree with one another as follows:
1. The scope of home care services for Cedas Home Care Services, LLC the HHHA may perform when placed with client has been explained to Homemaker Home Health Aide (See Job Description on Page 3 below). HHHA agrees s/he will follow all Cedas Home Care Services, LLC requirements, as well as all Federal and State rules and regulations (e.g. HIPPAA requirements and all other requirements noted in the Employee Handbook) in providing home care to Cedas Home Care Services, LLC clients, including regular communication with the Office and participating in training exercises.
2. Cedas Home Care Services, LLC will place Home Health Aide with clients requesting personal care, companionship and homemaking services and assistance. HHHA will provide at least twenty-four (24) hour notice to Office of any/all schedule changes. Coverage is continuous and HHHAs are not allowed to leave the assignment during their stay without explicit instructions from the company, unless Home Health Aide is taking clients on pre-approved appointments or running errands on behalf of clients. Similarly, Home Health Aides are also not allowed to take the client off the premises without explicit permission from Cedas Home Care Services, LLC.
3. HHHA agrees to log in and out using Rosemark mobile app at start/end of each shift and complete a weekly time sheet and activity log of the total hours worked and duties performed. The HHHA will have the timesheet/ activity log signed by the client. Any changes in scheduling, client needs or necessary work arrangements should be reported to Cedas Home Care Services, LLC. Live-in workers agree to accept room and board offered at the work site as part of their compensation package.
4. For and in consideration of benefits received, HHHA agrees to release Cedas Home Care Services, LLC and their officers, directors, employees, all Clients and any third party(s) from any and all potential or actual claims, liability, loss and/or damages incurred or claimed to be associated with this Agreement including all services to Clients, excepting gross negligence only.
5. HHHA agrees to work with Clients only through Cedas Home Care Services, LLC with referral and placement, starting and stopping services at the direction of Cedas Home Care Services, LLC. If services are stopped for any reason Homemaker home health Aide agrees to leave the Client’s care and home and not work with that Client in any way other than with Cedas Home Care Services, LLC for a period of three (3) year. I also understand that it is illegal for me to transfer or attempt to transfer any case to another Agency or take ownership of any job that I am employed in.
6. HHHA’s employment with Cedas Home Care Services, LLC is temporary and at-will, can be terminated at any time with or without cause and with or without at either party’s option. Cedas Home Care Services, LLC reserves the absolute right to terminate for or without cause. There is no promise or guarantee of number of hours, type of work, conditions of employment, availability or duration of work placement or situations. Cedas Home Care Services, LLC reserves the right to change rules and regulations, policies and procedures, rates of Client compensation to Homemaker Home Health Aide, working conditions, etc. without consultation, agreement or advance notice. Upon the termination of employment, Home Health Aide will return any property, documentation, records, or confidential information, which is the property of Cedas Home Care Services, LLC.
7. Homemaker Home Health Aide also agrees (to):
a. All services provided to clients shall be in accordance the Plan of Care. Further, the services may not be altered in type, scope or duration, except by specific orders (in writing) issued as a result of changes made by the RN.
b. Unless otherwise stated, live in Home Health Aides’ schedule will generally consist of a 13-hour day with three (3) scheduled breaks per day as outlined on the live-in time and activity sheet provided.
c. Adhere to Cedas Home Care Services, LLC Fraud, Ethics and Compliance policies detailed in the Employee Handbook, including Cedas Home Care Services, LLC’s zero fraud tolerance policy, which stipulates immediate and irrevocable dismissal, and may also include notification of law and enforcement authorities, for any fraudulent activity; as well as to respect the clients, their property, and their customs and traditions; and Non Conflict of Interest/ Non-Compete Clauses.
d. Not accept monetary or other gifts from clients or family members without Company’s explicit approval.
e. Restrict use of electronic devices (cell phone, laptop, tablets, etc) to emergency needs while on duty
f. Not smoke in or too close to the client’s home
g. Not to dispose of ANY items or property belonging to the clients without getting their explicit permission to do so.
h. Guests and visitors are not permitted in the client’s home without the client’s and Company’s approval.
i. Be responsible for his/her own transportation to and from assignments.
j. Immediately notify Cedas Home Care Services, LLC and be prepared to leave the assignment if s/he is experiencing any contagious condition (flu, cold, fever, etc.) and not return until s/he has fully recovered and is symptom free. (A doctor’s note may be required).
k. Adhere to Cedas Home Care Services, LLC professional attire code (per attachment provided).
l. Uphold Cedas Home Care Services, LLC’s high standards and commitment to our values of excellence, integrity and respect, and should strive to project a professional image, in terms of behavior, appearance, attitude and general decorum at all times.
8. I acknowledge that I have been informed about the New Jersey Consumer’s Guide to Homemaker-Home Health Aides published by the New Jersey Board of Nursing which I can read via the internet (www.njconsumeraffairs.gov) or request hardcopy from Cedas Home Care Services, LLC.
9. It is the intent of the parties to resolve any disputes between them whenever possible by mutual and voluntary settlement rather than through any binding dispute resolution process. In support of this, the parties acknowledge that if a dispute arises out of or relates to this agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to submit their dispute to non-binding arbitration administered by the American Arbitration Association under its Non-Binding Arbitration Rules before resorting to binding arbitration, litigation, or some other dispute resolution procedure.
10. It is agreed that this agreement shall be governed by, construed and enforced in accordance with the laws of the state of New Jersey.
11. This agreement shall constitute the entire agreement between the parties and any prior understanding of representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement.
12. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party, or if mutually agreed to by e-mail.
Failure to comply with the terms of this agreement, involvement/ participation in any appropriate or unprofessional behavior that jeopardizes the integrity, negatively impacts, or is in any way in conflict with the company’s interest (such as borrowing money or any other unauthorized monetary transactions with client or family members, arguing or being disrespectful to, or in the presence of clients, or their family members; using client’s address for any personal purposes; getting involved in client’s or family member’s personal affairs or discussing your personal matters with client or family members) could lead to disciplinary actions, including dismissal. Furthermore, Cedas Home Care Services, LLC will not tolerate any of the following, which could also result in disciplinary actions, including dismissal:
· Abuse or exploitation, of any kind, of client, property or family members. Furthermore, Home Health Aides are required to report any observation of abuse, neglect or exploitation of clients.
· Failure to fulfill requirements of the assignment
· Failure to advise supervisor of reportable incidents
· Falsification of Documents (Personal information/ Employment record per application or current work)
· Illegal drug use of any kind and consumption or being under the influence of alcohol while on duty
· Sexual harassment
· Excessive tardiness/absenteeism
· Failure to respect client’s privacy per HIPPAA regulations or to comply with any other regulations
I have read and understand this Agreement; by signing here I agree to be bound by it.