Live-In / Sleep-In Agreement

This Agreement (the “Agreement”)is made this ____________, by and between Emerest Home Care of Connecticut, LLC (“Employer”) and _________________________ (the “Employee,” and together with Employer, the “Parties”).

WHEREAS, Employee has agreed to become employed by Employer/is employed by Employer as a Caregiver; WHEREAS, in certain instances or for certain periods, Employee may work/works as a “live-in” Caregiver (a “Live-In”);

WHEREAS, a Live-In resides in the home of a patient either on a regular basis or, as applicable, for an extended period of time;

WHEREAS, in certain other instances or for certain other periods, Employee may work/works as a “sleep-in” Home Healthcare Aide (a “Sleep-In”);

WHEREAS, a Sleep-In resides in the home of a patient for periods of at least 24 hours at a time, but does not reside in the patient’s home either on a regular basis or, as applicable, for a duration of more than a few days at a time;

WHEREAS, this Agreement sets forth certain details of Employee’s employment under circumstances where Employee works as a Live-In or a Sleep-In.

NOW, THEREFORE, in consideration of the mutual promises, terms, provisions and conditions set forth in this Agreement, the Parties hereby agree as follows:

1.                     Employment at Will: Employee’s employment with Employer commenced on ______________, and shall continue for an indefinite, unspecified duration. Employee’s employment with Employer shall, at all times, be on an “at-will” basis and may be terminated at any time, for any reason or for no reason, with or without cause or notice, at the option of Employer or Employee. Employee understands that Employer reserves at all times the unilateral right to modify the terms of this Agreement and/or the terms of Employee’s employment, including, but not limited to, Employee’s compensation.

2.                     Job Duties: Employee will perform all job duties traditionally performed by a Caregiver, as well as any other job duties which may be assigned to Employee from time to time, and any other duties which may be necessary in order to administer the appropriate level of care and service to the patient(s) to whom Employee is assigned.

3.                     Work Hours: The Parties agree that, when working as a Live-In or a Sleep-In, Employee will work a maximum of thirteen (13) hours per day. The Parties further agree that, as further described below, any and all time spent by Employee on personal pursuits, such as eating, sleeping, and other periods of complete freedom from work duties, shall constitute non­working time for which Employee will not be compensated by Employer.

4.                     Rate of Pay: The Parties agree that Employer will pay Employee at the base rate of $17.00 per hour, less all applicable deductions, in connection with the time that Employee spends working as either a Live-In or a Sleep-In. Employee understands and acknowledges that, for other job duties performed by Employee outside this Agreement in connection with any non-Live-In and non-Sleep-In work performed by Employee, Employee may be compensated with a different rate of pay.

5.                     Employee Duty to Record Hours Worked: Employee agrees to keep a detailed, written record of the hours Employee works each day. Employee will submit those records to Employer in writing on a weekly basis. Employee understands that maintaining such detailed time records is a critical part of Employees’ job duties, and that failure to maintain and submit these records in a timely manner may lead to discipline, up to and including termination of employment.

6. Breaks - During any breaks Employee is to remain within client premises in case of any emergency.

(a)                Meal Breaks: The Parties agree that Employee will receive a total of three (3) hours per day for meal breaks. Each meal break shall be for a duration of at least thirty (30) minutes, though the intervals and exact duration of each break will be determined based on the needs of Employee’s assigned patient(s) and in accordance with applicable law. Employee acknowledges that Employee is not entitled to any compensation for such taken meal breaks.

(b)              Other Breaks: If Employee takes other breaks in addition to the above-noted meal breaks, and those breaks are each twenty (20) minutes or longer, Employee will not be compensated for such additional breaks.

7.                     Sleeping/Rest Periods: The Parties agree that Employee will receive a sleep/rest period of up to eight (8) hours per workday, which shall include at least five (5) hours of uninterrupted sleep/rest. Employee acknowledges that Employee is not entitled to any compensation for such sleep/rest periods.

8.                     Non-Working Time: The time Employee spends when not working, including meal breaks and sleep/rest periods, is Employee’s personal time. During such time, Employee is free from performing any work duties and, subject to the safety, well-being, and care instructions of Employee’s assigned patient(s), may either leave the premises or stay on the premises for purely personal pursuits. In the event that Employee is called upon to perform work during such non-working time, Employee shall record the period of interruption as time worked. In the event that Employee’s work hours deviate from those set forth in this Agreement because, for example, Employee is called upon to work during Employee’s meal break, sleep/rest period, or other non-working time, Employee agrees to promptly notify Employer of such deviation(s). In particular, in the event that, due to the needs of Employee’s assigned patient(s), Employee does not get a total of eight (8) hours of sleep (including five (5) hours of uninterrupted sleep) or three (3) hours for meal breaks, Employee must promptly notify Employer of such issue.

9.                     Entire Agreement: This Agreement supersedes all prior communications, agreements, representations, and understandings, whether written or oral, only with respect to all matters addressed in this Agreement but not other agreements or arrangement between Employee and Employer addressing matters outside the scope of this Agreement. 

10.                     Governing Law: This Agreement shall be construed and enforced under, and shall be governed in all respects, by the laws of the State of Connecticut, without regard to the conflict of laws principles thereof.

11.                     Miscellaneous: Employee acknowledges and agrees: (a) that Employee has carefully read this Agreement and understands all of its terms; (b) that in executing this Agreement Employee is not relying and has not relied on any representation or statement made by any of the Employer’s agents, representatives, or attorneys with regard to the subject matter, basis, or effect of the Agreement; and (c) that Employee enters into this Agreement voluntarily, of Employee’s own free will, without any duress and with knowledge of its meaning and effect.

12.                     Effectiveness of Agreement: This Agreement shall become effective as of the date on which it is signed by Employee, as indicated below (the “Effective Date”). If Employee fails to sign this Agreement within fourteen (14) days after having received it, but Employee performs work for Employer either as a Live-In or a Sleep-In after such fourteen-day period, Employee will be deemed to have accepted and agreed to the terms of this Agreement. In such event, the Agreement’s Effective Date will be the fifteenth day after it was provided to Employee by Employer.

13.                     Translation: Employee understands that this Agreement was originally drafted in English (the “Original Agreement”) and was then translated into Employee’s language of origin (the “Translated Agreement”). In translating the Original Agreement into Employee’s language of origin, it was intended that the Original Agreement would be translated identically, and that the Translated Agreement would, in every respect, have the same meaning, effect, and language as the Original Agreement. Employee understands and agrees that, in the event of a discrepancy between the Original Agreement (a copy of which has also been provided to Employee) and the Translated Agreement, the Original Agreement shall govern.

IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the dates set forth below.