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STATEMENT OF UNDERSTANDING OF POLICIES AND PROCEDURES OF EMPLOYMENT
I. Background Checks and Eligibility
A. Employee Eligibility. Federal and State law mandate that every employee of AMADA Senior Care be legally eligible for employment in the United States. Under current law, this means that prospective employees must be: a citizen, a person lawfully admitted to the United States for permanent residence, or a documented worker authorized by the Attorney General or the Immigration Act to work in the United States. In accordance, all prospective employees of Amada Senior Care must provide proof of work eligibility and identification before they may be hired. Therefore, all offers of employment are contingent upon receiving the aforementioned documentation within three (3) days of receipt of the offer of employment. Failure to produce the required documentation will result in the offer of employment being rescinded and the prospective employee will be ineligible for employment until documentation can be provided.
B. Background Checks. AMADA Senior Care recognizes the importance of maintaining a safe workplace with employees who are honest, trustworthy, qualified, reliable, nonviolent, and do not present a risk of serious harm to their co-workers or others. For purposes of furthering these concerns and interests, Amada Senior Care reserves the right to investigate an individual's prior employment history, personal references, and educational background, as well as other relevant information that is reasonably available, prior to hiring an employee. Consistent with legal requirements, Amada Senior Care reserves the right to require prospective employees, and current employees to provide information sufficient to accomplish this purpose.
C. Certificates. Upon employment, Amada Senior Care will review all licenses and certifications, and a copy of any documentation will be obtained and maintained in the personnel file. All professional licensed certifications are verified through the established background verification process. It is the employee's responsibility to renew and keep current all certifications prior to their expiration dates and to furnish proof to Human Resources. Failure to renew a required license will result in the employee being placed on administrative suspension until the license is brought current. If the employee has not renewed the necessary certification within 90 days, it indicates a desire to not continue employment at Amada and will constitute a voluntary resignation.
D. Obligation to Update Contact Information. In order to effectively perform your duties as an employee, Amada Senior Care must be able to contact you quickly and efficiently. Therefore, you are obligated to advise us of any change of address or phone number. Failure to do so may result in disciplinary action. Health Insurance Plan changes must be reported immediately to us under the following circumstances: marriage, divorce, legal separation, insurance beneficiaries, births, legal adoptions, or a child who is no longer a dependent as defined by the Plan(s). Failure to report such changes within 30 days of the change may result in a loss of benefits.
E. Drug Screening. All prospective employees must provide a negative drug screen prior to employment
F. Physical Examination/TB screening. All prospective employees must provide documentation of a physical examination within 3 months prior to employment and repeated annually Employees must also provide documentation of a negative TB screen completed within the past year and provide updated negative screenings yearly.
II. Employee Classification and Probationary Period
At Amada Senior Care, the first one hundred eighty days (180) are a probationary period of preparation, training, and review to determine that every employee has the capabilities needed to be successful in their position at Amada Senior Care. During this time, employees will be evaluated in terms of your skills, qualifications, and ability to perform the job for which you were hired. As a result, employees may not be eligible for incentive programs, pay increases, or other increases in benefits until the end of this probationary period. Furthermore, as a reminder, at all times, your employment with Amada Senior Care is “at-will” and therefore subject to termination for any reason and without notice.
All employees at Amada Senior Care fall into two categories, “Non-exempt” and “exempt.” See below for an explanation of these two categories and their characteristics.
A per-diem employee is an employee who has successfully completed the 180 day probationary period and is able and willing to receive work assignments. Prior to the completion of the probationary period, personal attendants will be classified as a “Probationary Non-Exempt Employee.” The “probationary” tag will be removed upon successful completion of the probationary period and the employee will be appropriately re-categorized as a “per-diem non-exempt employee.”
Personal Attendants classified in this category include any person employed by a private householder or by any third party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision. As per State and Federal law, all persons in this category are eligible for overtime pay in most instances.
Non-exempt Status: Some employees may be classified as a “Non-Exempt” employee. All employees in this category must be paid for all overtime hours worked in accordance with the Fair Labor Standards Act and applicable state laws.
III. Duties of a Caregiver:
B. Requirements
As a “personal attendant” you are required to perform the several duties for your client. While each situation is specific and every duty cannot be enumerated here, listed below are the most common duties which you agree to perform for your client.
2. Nutrition
(a) May prepare meal and/or feed the patient
(b) If the patient is on a special diet, the patient/family should prepare or give specifics on how to prepare the meal
3. Elimination
(a) Assist patient to the bathroom (b) Empty the Urinary Catheter or Colostomy Bag
(c) Change depends or briefs
4. Treatments/ Procedures
(a) Catheter care/perinea care includes cleaning the perinea area and catheter itself
(b) Observing and reporting any abnormal findings
(c) ROM exercises or following exercise plan set up by a therapist or nurse
5. Dressings
(a) May do a simple dressing change (non-sterile dry dressing only) NO open wounds
(b) May apply creams to perinea area with gloves (over the counter only)
6. Medication Reminders
(a) May not administer medications. You may remind the patient of time medication is due and assist with opening the packaging- you cannot take the pill out of the pill bottle. You may take the pills out of a pill box as they are considered pre-measured
7. Transportation
(a) May transport the patient to appointments or run errands for them
8. Household Services (a) Keep the patient’s immediate area clean and safe
(b) Your work day should not consist of more than 20% housekeeping
(c) May vacuum/dust the patients immediate area
(d) Tidy up the bathroom the patient uses
(e) Clean the kitchen if using it to prepare a meal for the patient
(f) Do the patients personal laundry
(g) Damp mop the kitchen floor
(h) Change patient’s linens
In all instances, you must use your sound judgment and best efforts in performing all duties consistent with the purpose and intent of this agreement and the standards and expectations set forth within this handbook.
B. Time Restrictions: 20% Rule.
As a “personal attendant,” you understand and agree that no significant amount of work other than the Employee’s duties as a “personal attendant” described above will be performed by Employee in any work week. This means that your time spent on general housekeeping or other duties outside of the above description must not exceed 20% of your actual work time for the week.
For example, if an employee has worked 40 hours for the week, general housekeeping or other duties of the above description cannot exceed a cumulative total of hours for that week.
Employee agrees to keep accurate time records and to report to Amada Senior Care in writing within five (5) days after the close of any work week if you have performed the above qualifying work in excess of the 20% restriction in any week.
C. Services Excluded from Duties.
Employee acknowledges that the Company does not provide medical services nor is Employee trained, certified, insured, or authorized to perform medical services of any type. You are not authorized to perform medical, or certain non-medical, services. These services include, but are not limited to: taking blood pressure, administering medications, and giving injections. Furthermore, actions such as performing haircuts, manicures, or pedicures; lifting or moving anything more than 25 pounds, using a chair or ladder, or getting down on hands and knees to perform light housekeeping services, as well as providing services when any minor under the age of 18 is home without a supervising adult other than the person receiving care under this Agreement, are also excluded from your duties as a “personal attendant.”
D. Record and Timekeeping.
As an Employee of Amada Senior Care you agree to keep, and submit, accurate and timely records of all “duties performed” and all “hours worked.” This includes following all procedures for keeping accurate and timely records of all services performed for a client while on-duty. Failure to keep timely and accurate records, as required, will result in administrative discipline against the employee, which may include termination of employment with Amada Senior Care.
Furthermore, it is also the duty of every employee of Amada Senior Care to keep and maintain accurate and timely records of all expenses incurred which may be classified as those which Amada Senior Care reimburses their employees, including mileage. Failure to keep and submit accurate and timely records may result in the expense not being reimbursed
E. Attendance and Tardiness Policies.
1. Attendance. In addition to being essential to the efficient operation of a department, attendance is also an important measure of your overall performance on the job and your willingness to remain employed by Amada Senior Care. All employees are required to arrive at work and ready to start 5 minutes before the scheduled start of your shift.
Should an employee be unable to arrive on location as required, it is the employee’s duty to notify Amada Senior Care at least 24 hours before the beginning of their shift. Should circumstances make this impossible, it is employee’s duty to notify Amada Senior Care as soon as the employee is aware that they will be late. Failure to notify Amada Senior Care as required will result in the absence being classified as a “no call, no show,” and handled in accordance with the policies outlined below.
2. Tardiness. As previously stated, all Employees are expected to report to work “on time,” as outlined above. Tardiness will be considered anytime an employee arrives at their work location after the beginning of their shift, and or is not appropriately dressed and ready to work. An employee, who is going to be late, must call the supervisor as soon as the employee is aware that they will be late. Repeated violations of tardiness, without regard to the duration, will result in disciplinary action in accordance with the policies contained herein.
3. No Call/ No Show Absences. The call-in procedure as designated by each department must be followed when reporting any absence or tardiness. Failure to report for work as scheduled and failure to notify the supervisor in accordance with these policies is a most serious offense. It is the employee's responsibility to keep supervisor abreast of any change in schedule and or availability. Any absence which occurs and is not reported in accordance with these policies and procedures will result in the absence being classified as a “no call/ no show,” and the employee will be considered to have abandoned their job and voluntarily resigned their position with Amada Senior Care
F. Duty of Loyalty. As an employee, you owe a duty of loyalty to your employer. As part of this duty, you are required to look after the best interests of your employer at all times. Furthermore, you agree to devote your full business time and energies to Amada Senior Care and comply with all policies and procedures. This includes, but is not limited to avoiding real and or potential conflicts of interest in the performance of your duties. Therefore, you agree, as part of the terms of your employment, that you shall not directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, board member, director or in any other individual or representative capacity, engage in any competitive activity relating to the business and services provided by Company to its clients or customers. This includes usurping potential and or current business opportunities of Amada Senior Care. A breach of this duty, or any other duty owed to Amada Senior Care, is a severe breach of the terms of your employment and of these policies and will result in the immediate termination of your employment with Amada Senior Care and Amada reserves the right to pursue any and all necessary actions to recover any losses incurred as a result of this breach.
G. Trade Secrets and Direct Compensation: As part of your employment with Amada Senior Care you may become privy to certain confidential information which may be legally classified as “trade secrets.” These trade secrets may include, but not be limited to: training information, current and prospective client information, so-called “best practices” of Amada Senior Care, policies and procedures of Amada Senior Care, and any other information of a confidential nature. As an employee you agree to keep all information confidential and to take all reasonable steps necessary to protect the confidential nature of said information. Furthermore, you agree that you will not use any of the aforementioned trade secrets for any unauthorized purpose. Be advised that this restriction on the usage of trade secrets will survive any termination of employment with Amada Senior Care. As a fair and reasonable estimation of the probable damages which would result from any prohibited usage of the above, both the Employer and the Employee have agreed that the amount of $5000 USD shall be paid as liquidated damages should Employee violate this provision. By signing this handbook of policies and procedures, Employee agrees that this provision, including the liquidated damages inclusion, is a fair and reasonable estimation of the probable damages which would result from any breach of this provision.
Caregiver agrees that he/she may not accept direct payment for services rendered from any client of Amada Senior Care or any client’s agent or representative. Employee further agrees that you will not solicit nor work directly for any client of Amada Senior Care, nor seek employment with a competitor of Amada Senior Care for a period of six (6) months after leaving employment with Amada Senior Care. As part of accepting employment with Amada Senior Care, Employer agrees that this six-month non-competition clause is reasonable and that employee does not object to its inclusion as a requirement of employment with Amada Senior Care.
H. Safeguarding and Return of Company Property. During the course of your employment you (Employee) may be entrusted with the care and management of the “Company Property” of Amada Senior Care. “Company Property” may include, but is not limited to: all physical materials, identification information, keys, computer software and hardware, including laptop computers and mobile or handheld scheduling computers, manuals, data bases, product samples, tapes, magnetic media, technical notes and any other equipment or items which Company provides to Employee or which otherwise belongs to the Company, and those documents and items which Employee may develop or help develop while in Company’s employ and in relation to employee’s position at Amada Senior Care, whether or not developed during regular working hours or on the Company’s or the client’s premises.
Upon request by the Company or expiration of Employee’s employment with the Company for any reason, Employee shall promptly return to Amada Senior Care any and all “Company Property” within Employee’s possession and control, and shall refrain from reproducing in any manner or allowing to be reproduced any Confidential Information, trade secrets, or Company Property of Amada Senior Care. Furthermore, you agree to refrain from removing any reproductions of Confidential Information and or “Company Property” made during your employment with Amada Senior Care from the possession of Amada Senior Care for any illegitimate purposes. Employee also agrees to not, directly or indirectly, disclose Confidential Information to any third party or use Confidential Information for any purpose other than for the direct benefit of Company during or after his/her employment with Company. Lastly, employee agrees to return all Company property or documents containing confidential information to the Company at the time your employment terminates for any reason.
J. Competitor’s Confidential Information / Property. If employee has been employed by a competitor of Amada Senior Care prior to signing this Agreement, Employee agrees to immediately return to said former employer any and all confidential information and property in Employee’s possession relating to that former employer. Such information includes, but is not limited to, computer data, price lists, customer lists, computer access, catalogs, and any other previous employer’s confidential information. Through continuing employment with Amada Senior Care, employee expressly represents that Employee has returned to Employee’s former employer any and all confidential information and property associated with the former employer’s business and will not use any of the former employer’s confidential information while employed by Amada Senior Care.
K. Client’s Confidential Information and Property. Inasmuch as an employee may be provided, or entrusted, by the client with access to the client’s personal information and property by virtue of your caregiver duties, you hereby agree that you will safeguard such information, property, and any associated rights to privacy belonging to client in a manner consistent with the protection of the Company’s interests and avoid liability to the client. Any unauthorized use of a client’s confidential information and or property is a severe breach of the terms of employment of Amada Senior Care and will result in appropriate disciplinary action against said employee.
Employee further agrees that you will exercise any and all reasonable care with regard to any such property or information of a client that is entrusted in your care by the client in connection with your duties, and to return all such property and information to the client in as good of condition (with normal wear and tear) when your authorized use of, or access to, such property or information has terminated, or upon the cessation of your employment for any reason. Employee further agrees not exceed the scope of authorization by the client with regard to any use or access to any of client’s property or information. All employees must also contact their supervisor immediately in the event of any violation, or alleged violation, of the duties and policies herein, or if any conflict of interest between yourself, the Company, and/or the client arises with regard to the matters herein.
IV. Terms of Compensation
**All Pay Rates Are Confidential and Will Be Discussed Individually with Each Employee and must be held in the strictest of confidence**
A. Hourly Compensation. You (Employee) shall be paid at the rate agreed to in the Employment Agreement for all hours worked. Amada Senior Care retains discretion to adjust or modify these terms and conditions for compensation based on periodic review. No such adjustments or modifications shall be effective, however, unless approved and signed by Employee and the President of Amada Senior Care.
C. Expense Reimbursement. Your (Employee’s) duties may require you to run errands otherwise utilize (1) Transportation belonging to the client, if authorized by client as permitted by Company policy; or (2) your own vehicle. On rare occasions, you may incur other expenses reasonably required by your job. It is the policy of Amada Senior Care to reimburse their employees for all costs and expenses that you have necessarily and reasonably incurred to perform your duties as approved by the Company Clients are not authorized to require you to incur any expenses on their behalf. If such requests are made by a client, please contact your supervisor immediately. Advance approval is required before incurring any of the aforementioned expenses. In the event that an employee incurs an authorized expense, Amada Senior Care will reimburse that employee for said authorized expense.
For example, if an employee is required to use their own personal vehicle in the performance of their duties (which does not include your normal commute), the Company will reimburse you for the costs or expenses that you have necessarily and reasonably incurred for the use of your vehicle, as approved by the Company. The rate of reimbursement will be the current IRS business mileage rate unless another method of compensation is shown to better provide for such reimbursement.
All employees are required to submit accurate and timely documentation regarding your transportation expenses within one week of the date the transportation expense is incurred, including any documentary support or proof detailing the actual costs or expenses incurred in the performance of your duties. As previously stated in accordance with the above section on “timekeeping and records,” failure to keep and submit accurate and timely records of any authorized expenses incurred may result in those expenses not being reimbursed by Amada Senior Care and may also result in disciplinary action in accordance with the policies and procedures contained herein.
D. Term of Employment (Employment At-Will). Personal Caregivers are “at-will” employees in accordance with the Employment Agreement and as permitted by applicable State and Federal law. This handbook does not affect any employee’s status as an at-will employee. Employment with Amada Senior Care is for no definite period, regardless of payment of wages. In an “at-will” employment relationship, both Amada Senior Care and the employee have the right to terminate the employment relationship at any time, for any reason, with or without cause, and without notice. The at-will status can only be changed in a writing signed by the Amada Senior Care in accordance with the employment agreement.
VI. Miscellaneous Policies and Procedures.
A. Elder and Dependent Abuse Reporting Requirements: It is all employees of Amada Senior care who may have observed or have knowledge of an incident that reasonably appears to be elder or dependent abuse to report such information to the appropriate Adult Protective Services Agency for the county in which client or dependent resides. (A “Care Custodian” is defined as an administrator, employee, or volunteer of the Medical Center, INCLUDING persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff.)
Abuse of an elder or dependent adult means: physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care giver/custodian of goods or services that are necessary to avoid physical harm or mental suffering.
1. A report must be made when the person:
(a) Observes or possesses knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, financial abuse, or neglect;
(b) Is told by an elder or dependent adult that he or she has experienced behavior constituting any type of such abuse; or
(c) Reasonably suspects any type of such abuse.
All reports must be made immediately or as soon as practicably possible, by telephone to the Elder Abuse Hotline at 1-800-822-6222 or visit http://ag.ca.gov/bmfea/reporting.php. A written report (State of California Form SOC 341) must be sent within two working days to the State of California’s Office of the Attorney General’s Bureau of Elder Abuse.
2. Exceptions (No Reporting): A physician, surgeon, registered nurse or psychotherapist (“Mandated Reporter”) is not required to report an incident where ALL of the following exist:
(a) The Mandated Reporter has been told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation financial abuse, or neglect;
(b) The Mandated Reporter is not aware of any independent evidence that corroborates the statement that the abuse has occurred,
(c) The elder or dependent adult has been diagnosed with a mental illness or dementia, or is the subject of court-ordered conservatorship because of a mental illness or dementia; and
(d) In the exercise of clinical judgment, the Mandated reasonably believes that the abuse did not occur.
B. Personal Use of Phones. Telephones may be provided for use in conducting business for Amada Senior Care. Company issued phones may not be used to receive or make personal calls. All usage should be for business-related purposes only. Any employee abusing the use of the company issued phones will be subject to disciplinary action up to and including termination. Furthermore, all phone usage may be monitored by Amada Senior Care to ensure proper use.
C. Computer Use. Illegal computer usage is a serious offense and carries severe penalties; up to several years in prison and large fines. Amada Senior Care takes the security of all electronic equipment, networks, and information very seriously and will prosecute any malfeasance to the fullest extent permissible by the law. The following rules apply to all employees who have access to Amada computers. This list is not intended to be all inclusive.
1. Computers, programs and data are the property of Amada and may not be tampered with, copied or destroyed.
2. Unauthorized use of programs, disks or games is prohibited.
3. Passwords are to be kept confidential.
4. E-Mail and/or Internet systems are to be used for company business only. There is no expectation of privacy regarding E-Mail communications sent or received using a worksite company computer.
5. E-Mail and or Internet use may be monitored by the worksite company to ensure proper use. All communications are to be conducted in a professional, business-like manner.
6. Suspicion of any computer sabotage must be reported to your Supervisor Manager immediately.
7. All employees must comply with this, and all subsequent policies regarding the usage of computers and other electronic media.
Violation of these guidelines is a severe offence and will result in disciplinary action up to and including termination. Your Supervisor can answer any questions you may have regarding computer use.
E. Employee Responsibilities. Below is a list of rules and requirements that will enable us to work together to successfully offer excellent care to those we serve. Failure to comply with any of these rules and responsibilities will result in disciplinary action in accordance with the policies and procedures contained herein.
(1) Clients are never to be put in harm’s way. Clients are never to be left unattended and under no circumstance should you leave a client alone in the residence. If for some reason it becomes necessary for you to leave, you must first call Amada Senior Care to arrange for alternative care for your client.
(2) All employees are to act in a courteous and kind manner to each and every client. There is NO situation which will justify disrespect or abuse in any form; this includes profanity, vulgarity, physical violence, or mental cruelty.
(3) Customer service is a cornerstone of Amada Senior Care and as such, all employees are to act in a way to help ensure the highest level of customer service for the Clients of Amada Senior Care.
(4) Honesty is the backbone of any employment relationship. As such employees are always to act truthfully and honestly in all dealings with and for Amada Senior Care.
(5) Acting in a professional manner is of paramount importance to Amada Senior Care. Employees are not to discuss their personal problems, religious, political, or moral beliefs with any client.
(6) Always be well groomed and dressed in industry appropriate attire. Amada Senior Care’s expectation is that you will always be professional in appearance.
(7) AS previously stated, all employees are to maintain current schedules of availability and contact information and to update any changes immediately to their Supervisor.
(8) Safeguarding our clients’ health and well-being dictates that all hourly employees remain awake and alert at all times when on duty. Failure to do so may result in termination.
(9) Employees are not authorized to transport a client in your personal vehicle without prior approval from Amada Senior Care. All employees are likewise required to possess a valid Driver License and personal auto insurance in order to drive your personal vehicle for business purposes. Current copies of all pertinent information will be kept in the employee’s personnel file.
(10) Employees are not allowed to do any personal banking for a client, nor receive direct compensation from a client. Employees are NEVER permitted to use a client’s Credit, ATM or Debit cards, or have a client write them a personal check.
(11) Amada Senior Care maintains a strict Zero Tolerance Policy towards drugs and alcohol. Furthermore, employees are not to use tobacco products, nor allow personal visitors, nor possess any weapons of any kind while on duty.
(12) Personal phone calls are NOT allowed while on duty. Employees shall not use a client’s phone or computer for personal purposes.
(13) Any safety concerns or potential hazards which are found must be reported to Amada Senior Care immediately.
(14) Report accidents. Any damage or breakage that occurs in your presence while on an assignment must be reported as soon as possible to your Supervisor.
(15) Report injuries. Immediately report to Amada Senior Care any client/employee injuries or other possible injuries which occurred while you were working. You must also report any injuries the client may have that happened while we were not present.
(16) Theft is a crime! All incidents of alleged theft are taken seriously and will be investigated thoroughly by Amada Senior Care. Any thefts which are found to have occurred will be reported to the proper authorities and prosecuted to the fullest extent of the law.
(17) As an employee you are not allowed to accept tips, money or goods from a client. Under no circumstances are you ever allowed to borrow money from a client.
(18) You are not a nurse! Only licensed nurses may dispense medication or give injections. Amada Senior Care is not in the business of providing medical services. Also, if a client needs either their toe or finger nails cut, notify you’re Supervisor and arrangements will be made with the family to have this done.
(19) Amada Senior Care may appear at your work site to provide on-site direction regarding the execution and performance of your job responsibilities.
(20) Employees may never give out their personal phone number or other personal contact information to a client.
F. Safety Guidelines. Amada Senior Care has a commitment to promoting and preserving the safety and health of all its employees working at our client company’s facilities. All employees must observe the following safety guidelines while working for Amada Senior Care:
(1) Should you observe any hazardous safety or health conditions or practices, report it to your worksite supervisor/manager and your Amada Senior Care Representative immediately.
(2) Check with your worksite supervisor/manager about any special safety regulations that are specifically applicable to the job you will be doing.
(3) Use all safety and protective equipment issued to you for your job (i.e. gloves, oven mitts, etc.)
(4) When entering any home in which you do not normally work, observe all safety precautions pertaining to that home and review posted emergency plans.
(5) Determine the location of exits, fire extinguishers, and first aid kits in case an emergency arises.
(6) When lifting, bend your knees and use your leg muscles, NOT your back. Know your limit and get help for heavy loads.
(7) Be sure flammable and toxic substances are properly stored and handled.
(8) Keep walkways clear of cartons, cords, open cabinet and/or closet doors, etc.
(9) Keep counter tops free of items that might fall and cause injury. Avoid leaving the drawers open and unattended.
(10) Adhere to your worksite company's requirements, such as closed shoes, no loose clothing, no excessive jewelry, etc.
(11) Always use the proper tools and appliances, and return them to their place when finished.
(12) Falls are the most common home injury; pay attention to slip, trip, and fall hazards.
(13) Do not attempt to break a patient’s fall, but when possible you may help ease them to the ground.
(14) Never try to help the client get up alone- call 911 then you’re your Supervisor
(15) When using stairs, hold onto the handrails.
(16) When it is necessary to access high shelves, use a ladder or step stool. Do not use chairs or boxes to stand on.
(17) Do not overload electrical circuit with double or triple plugs.
(18) Check all appliances for working safety valves, on/off switches, lock outs, protective covers, and clearance around exposed moving parts. Do not attempt to operate or repair appliances on which you have not been trained.
(19) Read and abide by all posted instructions and danger tags on appliances and/or medical devices; do not remove them.
(20) Always turn off appliances when not in use.
(21) Do not attempt to operate or make repairs to office-type equipment, appliances or medical devices unless you have been trained to do so.
(22) Report any frayed or damaged electrical cords.
(23) Use chemicals carefully and be sure to read the labels. Hazardous chemicals normally found in home environments include cleaning fluids (i.e., ammonia, bleach, etc.)
(24) Use or possession of drugs and/or alcohol by employees on the job is prohibited.
(25) Any changes in your job description or duties must be immediately reported to your Amada Senior Care Representative.
(26) Amada Senior Care will include you in any of our safety programs that affect your worksite.
State and Federal laws (OSHA) require that you make an immediate accident report to Amada Senior Care. Report all injuries, even those not requiring medical attention. In the unlikely event that an accident does occur, contact your Supervisor immediately.
Amada’s goal is to return injured employees to the workforce as soon as possible. For this reason you may be offered a modified duty position to keep you working during the healing process. It is the responsibility of every Amada employee to adhere to the Amada Safety Guidelines and safety rules. Anyone who violates reasonable safety rules may be subject to dismissal from Amada Senior Care. All accidents will be thoroughly investigated and any malfeasance will be prosecuted to the fullest extent of the law.
G. Misconduct. In order to ensure orderly operation, comply with all legal requirements, and provide the best possible work environment, Amada requires employees to follow the highest level of professional conduct and service. In addition to the previous guidelines, rules, procedures, and policies, all employees of Amada Senior Care are required to refrain from any of the following acts or omissions:
(1) Falsification of employment records, employment information, or other records.
(2) Recording the work time of another employee, allowing any other employee to record your work time, allowing falsification of any timecard, whether your own or another employee's.
(3) Theft, deliberate or careless damage of Amada property or the property of any patient or employee.
(4) Removing or borrowing Amada property without prior authorization.
(5) Unauthorized use of Amada equipment, time, materials, or facilities.
(6) Possessing, distributing, selling, transferring, or using--or being under the influence of--alcohol or illegal drugs in the workplace.
(7) Provoking a fight or fighting during working hours or on premises owned or occupied by Amada.
(8) Participating in horseplay / practical jokes on Amada's time or on premises owned or occupied by Amada.
(9) Carrying firearms or any other dangerous weapon, at any time, on premises owned or occupied by Amada.
(10) Engaging in criminal conduct during work.
(11) Insubordination, including but not limited to failure or refusal to obey the orders or instructions of any management member.
(12) The use of abusive or threatening language toward any manager and/or supervisor or member of management.
(13) Using profane or abusive language at any time during working hours or while on premises owned or occupied by Amada.
(14) Failing to notify the appropriate manager and or supervisor when unable to report to work.
(15) Failing to obtain permission to leave work for any reason during normal working hours.
(16) Failing to observe working schedules, including rest and lunch periods.
(17) Failing to provide a Doctor's note regarding an illness or injury when requested or required to do so.
(18) Sleeping or malingering on the job during designated working hours.
(19) Working overtime without authorization or refusing to work assigned overtime.
(20) Failing to follow the dress code policy as detailed in the dress and grooming standards.
(21) Violating any safety, health, or security policy, rule, or procedure of Amada.
(22) Committing a fraudulent act or a breach of trust under any circumstance.
(23) Indecent Conduct
(24) Discussion of confidential Amada or patient information with unauthorized persons.
(25) Unsatisfactory work performance.
(26) Failure to follow Amada policies and procedures.
(27) Unexcused tardiness or absences from your scheduled shifts.
(28) Dispensing medication or medication management.
The engagement of any of these actions by an employee is a serious offense and may result in severe discipline including, but not limited to disciplinary suspension and or termination.
H. Disciplinary Guidelines. In order to ensure transparency and fairness in dealing with employee discipline, Amada Senior Care has adopted the following policy and guidelines regarding employee discipline. Nevertheless, some violations of conduct, policy, or behavior are so severe and deleterious to the health and well-being of Amada Senior Care, its clients, employees, and interests that severe disciplinary action, including immediate discharge, may be required. Supervisors and management must seek counsel from Executive Director prior to administering any disciplinary procedure except for verbal and written reprimands.
(1) Verbal Warning. The verbal warning notifies employee that his/her performance or behavior is unacceptable and must improve. Verbal warnings are given by managers and supervisors when coaching has failed to produce the desire change in performance or for first time minor violations of policy. The date, time, and circumstances surrounding the warning may be documented in the employee’s personnel file.
(2) Written Reprimand and mandatory counseling session. This step is a formal written performance reprimand which specifies the problem and the required improvement, and the consequences. If improvement does not take place, further disciplinary action will occur up to and including termination. This reprimand is documented in the employee’s personnel file and employee must meet with management before any subsequent assignments may be made.
(3) Suspension. Suspension may be used when an employee's continued presence constitutes a clear threat to the safety of other employees, or to the public, or for continued violation of a Policy. Suspension may also be used as an investigative measure, to gain time to gather more information regarding a situation or in conjunction with a final written warning for a serious violation of Amada’s policy. Suspension will be documented in the employee’s personnel file, and once the suspension period has ended, the employee must attend a mandatory counseling session with management before subsequent assignments may be accepted.
(4) Termination. Discharge from employment should only be taken when management is satisfied that the employee has been given every opportunity to meet performance or behavior standards and failed to do so. Dismissal may also be sought where the employee has severely violated the terms, conditions, and policies of their employment. This action is documented on the Employee Counseling Record. The Human Resources Department must be contacted prior to any dismissal under this policy.
An employee who has not completed the probationary period of employment is not subject to the above guidelines. Human Resources should be consulted if disciplinary action is necessary during this period.
EMPLOYEE’S SIGNATURE BELOW ATTESTS TO THE FACT THAT EMPLOYEE HAS READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND TO ALL OF THE ABOVE TERMS AND POLICIES WHILE EMPLOYED AT AMADA SENIOR CARE.
VII. Scope of Agreement.
This Agreement is the entire Agreement regarding Employee’s employment and expressly supersedes all practices, understanding, and agreements, whether written or oral, not specifically set forth in this Agreement. The Company reserves the right to amend or terminate this Employment Agreement at any time without notice and at its sole discretion. This agreement supersedes any previous agreements with respect to your pay and any prior Employment Agreements are no longer in effect. Employee agrees to abide by all of Employee Handbook that are consistent with the terms of this Agreement. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California. The provisions of this Agreement are severable, and if any of its provisions are found to be unenforceable, the remaining provisions shall remain fully valid and enforceable. This Agreement shall survive the termination of any arrangements contained herein.
VIII. Severability.
If any term or provision, or portion of this handbook is declared void or unenforceable it shall be severed and the remainder of this handbook shall be enforceable.
IX. Voluntariness.
This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below:
MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND TO ALL THE ABOVE TERMS. I ALSO UNDERSTAND THAT I HAVE THE RIGHT TO REVOKE THE MEALS AND LODGING PORTION OF THIS AGREEMENT, IN WRITING, AT ANY TIME.
I. Background Checks and Eligibility
A. Employee Eligibility. Federal and State law mandate that every employee of AMADA Senior Care be legally eligible for employment in the United States. Under current law, this means that prospective employees must be: a citizen, a person lawfully admitted to the United States for permanent residence, or a documented worker authorized by the Attorney General or the Immigration Act to work in the United States. In accordance, all prospective employees of Amada Senior Care must provide proof of work eligibility and identification before they may be hired. Therefore, all offers of employment are contingent upon receiving the aforementioned documentation within three (3) days of receipt of the offer of employment. Failure to produce the required documentation will result in the offer of employment being rescinded and the prospective employee will be ineligible for employment until documentation can be provided.
B. Background Checks. AMADA Senior Care recognizes the importance of maintaining a safe workplace with employees who are honest, trustworthy, qualified, reliable, nonviolent, and do not present a risk of serious harm to their co-workers or others. For purposes of furthering these concerns and interests, Amada Senior Care reserves the right to investigate an individual's prior employment history, personal references, and educational background, as well as other relevant information that is reasonably available, prior to hiring an employee. Consistent with legal requirements, Amada Senior Care reserves the right to require prospective employees, and current employees to provide information sufficient to accomplish this purpose.
C. Certificates. Upon employment, Amada Senior Care will review all licenses and certifications, and a copy of any documentation will be obtained and maintained in the personnel file. All professional licensed certifications are verified through the established background verification process. It is the employee's responsibility to renew and keep current all certifications prior to their expiration dates and to furnish proof to Human Resources. Failure to renew a required license will result in the employee being placed on administrative suspension until the license is brought current. If the employee has not renewed the necessary certification within 90 days, it indicates a desire to not continue employment at Amada and will constitute a voluntary resignation.
D. Obligation to Update Contact Information. In order to effectively perform your duties as an employee, Amada Senior Care must be able to contact you quickly and efficiently. Therefore, you are obligated to advise us of any change of address or phone number. Failure to do so may result in disciplinary action. Health Insurance Plan changes must be reported immediately to us under the following circumstances: marriage, divorce, legal separation, insurance beneficiaries, births, legal adoptions, or a child who is no longer a dependent as defined by the Plan(s). Failure to report such changes within 30 days of the change may result in a loss of benefits.
E. Drug Screening. All prospective employees must provide a negative drug screen prior to employment
F. Physical Examination/TB screening. All prospective employees must provide documentation of a physical examination within 3 months prior to employment and repeated annually Employees must also provide documentation of a negative TB screen completed within the past year and provide updated negative screenings yearly.
II. Employee Classification and Probationary Period
At Amada Senior Care, the first one hundred eighty days (180) are a probationary period of preparation, training, and review to determine that every employee has the capabilities needed to be successful in their position at Amada Senior Care. During this time, employees will be evaluated in terms of your skills, qualifications, and ability to perform the job for which you were hired. As a result, employees may not be eligible for incentive programs, pay increases, or other increases in benefits until the end of this probationary period. Furthermore, as a reminder, at all times, your employment with Amada Senior Care is “at-will” and therefore subject to termination for any reason and without notice.
All employees at Amada Senior Care fall into two categories, “Non-exempt” and “exempt.” See below for an explanation of these two categories and their characteristics.
- Per-Diem Non-exempt Employees
A per-diem employee is an employee who has successfully completed the 180 day probationary period and is able and willing to receive work assignments. Prior to the completion of the probationary period, personal attendants will be classified as a “Probationary Non-Exempt Employee.” The “probationary” tag will be removed upon successful completion of the probationary period and the employee will be appropriately re-categorized as a “per-diem non-exempt employee.”
Personal Attendants classified in this category include any person employed by a private householder or by any third party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision. As per State and Federal law, all persons in this category are eligible for overtime pay in most instances.
Non-exempt Status: Some employees may be classified as a “Non-Exempt” employee. All employees in this category must be paid for all overtime hours worked in accordance with the Fair Labor Standards Act and applicable state laws.
- Exempt Employees
III. Duties of a Caregiver:
- Caregiver / Personal Attendant.
B. Requirements
As a “personal attendant” you are required to perform the several duties for your client. While each situation is specific and every duty cannot be enumerated here, listed below are the most common duties which you agree to perform for your client.
- Personal Care
- Bathing
- Hair Care/Shampoo
- Foot Care- includes soaking the feet (WARM not HOT) water and/or applying lotion to feet
- Skin Care- includes applying lotion to the skin, massaging any reddened area and observing/reporting any reddened areas or signs of skin breakdown
- Oral Hygiene- should include cleaning the mouth or teeth/dentures and/or assisting the patient in using mouthwash
- Shaving
- Dressing
2. Nutrition
(a) May prepare meal and/or feed the patient
(b) If the patient is on a special diet, the patient/family should prepare or give specifics on how to prepare the meal
3. Elimination
(a) Assist patient to the bathroom (b) Empty the Urinary Catheter or Colostomy Bag
(c) Change depends or briefs
4. Treatments/ Procedures
(a) Catheter care/perinea care includes cleaning the perinea area and catheter itself
(b) Observing and reporting any abnormal findings
(c) ROM exercises or following exercise plan set up by a therapist or nurse
5. Dressings
(a) May do a simple dressing change (non-sterile dry dressing only) NO open wounds
(b) May apply creams to perinea area with gloves (over the counter only)
6. Medication Reminders
(a) May not administer medications. You may remind the patient of time medication is due and assist with opening the packaging- you cannot take the pill out of the pill bottle. You may take the pills out of a pill box as they are considered pre-measured
7. Transportation
(a) May transport the patient to appointments or run errands for them
8. Household Services (a) Keep the patient’s immediate area clean and safe
(b) Your work day should not consist of more than 20% housekeeping
(c) May vacuum/dust the patients immediate area
(d) Tidy up the bathroom the patient uses
(e) Clean the kitchen if using it to prepare a meal for the patient
(f) Do the patients personal laundry
(g) Damp mop the kitchen floor
(h) Change patient’s linens
In all instances, you must use your sound judgment and best efforts in performing all duties consistent with the purpose and intent of this agreement and the standards and expectations set forth within this handbook.
B. Time Restrictions: 20% Rule.
As a “personal attendant,” you understand and agree that no significant amount of work other than the Employee’s duties as a “personal attendant” described above will be performed by Employee in any work week. This means that your time spent on general housekeeping or other duties outside of the above description must not exceed 20% of your actual work time for the week.
For example, if an employee has worked 40 hours for the week, general housekeeping or other duties of the above description cannot exceed a cumulative total of hours for that week.
Employee agrees to keep accurate time records and to report to Amada Senior Care in writing within five (5) days after the close of any work week if you have performed the above qualifying work in excess of the 20% restriction in any week.
C. Services Excluded from Duties.
Employee acknowledges that the Company does not provide medical services nor is Employee trained, certified, insured, or authorized to perform medical services of any type. You are not authorized to perform medical, or certain non-medical, services. These services include, but are not limited to: taking blood pressure, administering medications, and giving injections. Furthermore, actions such as performing haircuts, manicures, or pedicures; lifting or moving anything more than 25 pounds, using a chair or ladder, or getting down on hands and knees to perform light housekeeping services, as well as providing services when any minor under the age of 18 is home without a supervising adult other than the person receiving care under this Agreement, are also excluded from your duties as a “personal attendant.”
D. Record and Timekeeping.
As an Employee of Amada Senior Care you agree to keep, and submit, accurate and timely records of all “duties performed” and all “hours worked.” This includes following all procedures for keeping accurate and timely records of all services performed for a client while on-duty. Failure to keep timely and accurate records, as required, will result in administrative discipline against the employee, which may include termination of employment with Amada Senior Care.
Furthermore, it is also the duty of every employee of Amada Senior Care to keep and maintain accurate and timely records of all expenses incurred which may be classified as those which Amada Senior Care reimburses their employees, including mileage. Failure to keep and submit accurate and timely records may result in the expense not being reimbursed
E. Attendance and Tardiness Policies.
1. Attendance. In addition to being essential to the efficient operation of a department, attendance is also an important measure of your overall performance on the job and your willingness to remain employed by Amada Senior Care. All employees are required to arrive at work and ready to start 5 minutes before the scheduled start of your shift.
Should an employee be unable to arrive on location as required, it is the employee’s duty to notify Amada Senior Care at least 24 hours before the beginning of their shift. Should circumstances make this impossible, it is employee’s duty to notify Amada Senior Care as soon as the employee is aware that they will be late. Failure to notify Amada Senior Care as required will result in the absence being classified as a “no call, no show,” and handled in accordance with the policies outlined below.
2. Tardiness. As previously stated, all Employees are expected to report to work “on time,” as outlined above. Tardiness will be considered anytime an employee arrives at their work location after the beginning of their shift, and or is not appropriately dressed and ready to work. An employee, who is going to be late, must call the supervisor as soon as the employee is aware that they will be late. Repeated violations of tardiness, without regard to the duration, will result in disciplinary action in accordance with the policies contained herein.
3. No Call/ No Show Absences. The call-in procedure as designated by each department must be followed when reporting any absence or tardiness. Failure to report for work as scheduled and failure to notify the supervisor in accordance with these policies is a most serious offense. It is the employee's responsibility to keep supervisor abreast of any change in schedule and or availability. Any absence which occurs and is not reported in accordance with these policies and procedures will result in the absence being classified as a “no call/ no show,” and the employee will be considered to have abandoned their job and voluntarily resigned their position with Amada Senior Care
F. Duty of Loyalty. As an employee, you owe a duty of loyalty to your employer. As part of this duty, you are required to look after the best interests of your employer at all times. Furthermore, you agree to devote your full business time and energies to Amada Senior Care and comply with all policies and procedures. This includes, but is not limited to avoiding real and or potential conflicts of interest in the performance of your duties. Therefore, you agree, as part of the terms of your employment, that you shall not directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, board member, director or in any other individual or representative capacity, engage in any competitive activity relating to the business and services provided by Company to its clients or customers. This includes usurping potential and or current business opportunities of Amada Senior Care. A breach of this duty, or any other duty owed to Amada Senior Care, is a severe breach of the terms of your employment and of these policies and will result in the immediate termination of your employment with Amada Senior Care and Amada reserves the right to pursue any and all necessary actions to recover any losses incurred as a result of this breach.
G. Trade Secrets and Direct Compensation: As part of your employment with Amada Senior Care you may become privy to certain confidential information which may be legally classified as “trade secrets.” These trade secrets may include, but not be limited to: training information, current and prospective client information, so-called “best practices” of Amada Senior Care, policies and procedures of Amada Senior Care, and any other information of a confidential nature. As an employee you agree to keep all information confidential and to take all reasonable steps necessary to protect the confidential nature of said information. Furthermore, you agree that you will not use any of the aforementioned trade secrets for any unauthorized purpose. Be advised that this restriction on the usage of trade secrets will survive any termination of employment with Amada Senior Care. As a fair and reasonable estimation of the probable damages which would result from any prohibited usage of the above, both the Employer and the Employee have agreed that the amount of $5000 USD shall be paid as liquidated damages should Employee violate this provision. By signing this handbook of policies and procedures, Employee agrees that this provision, including the liquidated damages inclusion, is a fair and reasonable estimation of the probable damages which would result from any breach of this provision.
Caregiver agrees that he/she may not accept direct payment for services rendered from any client of Amada Senior Care or any client’s agent or representative. Employee further agrees that you will not solicit nor work directly for any client of Amada Senior Care, nor seek employment with a competitor of Amada Senior Care for a period of six (6) months after leaving employment with Amada Senior Care. As part of accepting employment with Amada Senior Care, Employer agrees that this six-month non-competition clause is reasonable and that employee does not object to its inclusion as a requirement of employment with Amada Senior Care.
H. Safeguarding and Return of Company Property. During the course of your employment you (Employee) may be entrusted with the care and management of the “Company Property” of Amada Senior Care. “Company Property” may include, but is not limited to: all physical materials, identification information, keys, computer software and hardware, including laptop computers and mobile or handheld scheduling computers, manuals, data bases, product samples, tapes, magnetic media, technical notes and any other equipment or items which Company provides to Employee or which otherwise belongs to the Company, and those documents and items which Employee may develop or help develop while in Company’s employ and in relation to employee’s position at Amada Senior Care, whether or not developed during regular working hours or on the Company’s or the client’s premises.
Upon request by the Company or expiration of Employee’s employment with the Company for any reason, Employee shall promptly return to Amada Senior Care any and all “Company Property” within Employee’s possession and control, and shall refrain from reproducing in any manner or allowing to be reproduced any Confidential Information, trade secrets, or Company Property of Amada Senior Care. Furthermore, you agree to refrain from removing any reproductions of Confidential Information and or “Company Property” made during your employment with Amada Senior Care from the possession of Amada Senior Care for any illegitimate purposes. Employee also agrees to not, directly or indirectly, disclose Confidential Information to any third party or use Confidential Information for any purpose other than for the direct benefit of Company during or after his/her employment with Company. Lastly, employee agrees to return all Company property or documents containing confidential information to the Company at the time your employment terminates for any reason.
J. Competitor’s Confidential Information / Property. If employee has been employed by a competitor of Amada Senior Care prior to signing this Agreement, Employee agrees to immediately return to said former employer any and all confidential information and property in Employee’s possession relating to that former employer. Such information includes, but is not limited to, computer data, price lists, customer lists, computer access, catalogs, and any other previous employer’s confidential information. Through continuing employment with Amada Senior Care, employee expressly represents that Employee has returned to Employee’s former employer any and all confidential information and property associated with the former employer’s business and will not use any of the former employer’s confidential information while employed by Amada Senior Care.
K. Client’s Confidential Information and Property. Inasmuch as an employee may be provided, or entrusted, by the client with access to the client’s personal information and property by virtue of your caregiver duties, you hereby agree that you will safeguard such information, property, and any associated rights to privacy belonging to client in a manner consistent with the protection of the Company’s interests and avoid liability to the client. Any unauthorized use of a client’s confidential information and or property is a severe breach of the terms of employment of Amada Senior Care and will result in appropriate disciplinary action against said employee.
Employee further agrees that you will exercise any and all reasonable care with regard to any such property or information of a client that is entrusted in your care by the client in connection with your duties, and to return all such property and information to the client in as good of condition (with normal wear and tear) when your authorized use of, or access to, such property or information has terminated, or upon the cessation of your employment for any reason. Employee further agrees not exceed the scope of authorization by the client with regard to any use or access to any of client’s property or information. All employees must also contact their supervisor immediately in the event of any violation, or alleged violation, of the duties and policies herein, or if any conflict of interest between yourself, the Company, and/or the client arises with regard to the matters herein.
IV. Terms of Compensation
**All Pay Rates Are Confidential and Will Be Discussed Individually with Each Employee and must be held in the strictest of confidence**
A. Hourly Compensation. You (Employee) shall be paid at the rate agreed to in the Employment Agreement for all hours worked. Amada Senior Care retains discretion to adjust or modify these terms and conditions for compensation based on periodic review. No such adjustments or modifications shall be effective, however, unless approved and signed by Employee and the President of Amada Senior Care.
C. Expense Reimbursement. Your (Employee’s) duties may require you to run errands otherwise utilize (1) Transportation belonging to the client, if authorized by client as permitted by Company policy; or (2) your own vehicle. On rare occasions, you may incur other expenses reasonably required by your job. It is the policy of Amada Senior Care to reimburse their employees for all costs and expenses that you have necessarily and reasonably incurred to perform your duties as approved by the Company Clients are not authorized to require you to incur any expenses on their behalf. If such requests are made by a client, please contact your supervisor immediately. Advance approval is required before incurring any of the aforementioned expenses. In the event that an employee incurs an authorized expense, Amada Senior Care will reimburse that employee for said authorized expense.
For example, if an employee is required to use their own personal vehicle in the performance of their duties (which does not include your normal commute), the Company will reimburse you for the costs or expenses that you have necessarily and reasonably incurred for the use of your vehicle, as approved by the Company. The rate of reimbursement will be the current IRS business mileage rate unless another method of compensation is shown to better provide for such reimbursement.
All employees are required to submit accurate and timely documentation regarding your transportation expenses within one week of the date the transportation expense is incurred, including any documentary support or proof detailing the actual costs or expenses incurred in the performance of your duties. As previously stated in accordance with the above section on “timekeeping and records,” failure to keep and submit accurate and timely records of any authorized expenses incurred may result in those expenses not being reimbursed by Amada Senior Care and may also result in disciplinary action in accordance with the policies and procedures contained herein.
D. Term of Employment (Employment At-Will). Personal Caregivers are “at-will” employees in accordance with the Employment Agreement and as permitted by applicable State and Federal law. This handbook does not affect any employee’s status as an at-will employee. Employment with Amada Senior Care is for no definite period, regardless of payment of wages. In an “at-will” employment relationship, both Amada Senior Care and the employee have the right to terminate the employment relationship at any time, for any reason, with or without cause, and without notice. The at-will status can only be changed in a writing signed by the Amada Senior Care in accordance with the employment agreement.
VI. Miscellaneous Policies and Procedures.
A. Elder and Dependent Abuse Reporting Requirements: It is all employees of Amada Senior care who may have observed or have knowledge of an incident that reasonably appears to be elder or dependent abuse to report such information to the appropriate Adult Protective Services Agency for the county in which client or dependent resides. (A “Care Custodian” is defined as an administrator, employee, or volunteer of the Medical Center, INCLUDING persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff.)
Abuse of an elder or dependent adult means: physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care giver/custodian of goods or services that are necessary to avoid physical harm or mental suffering.
1. A report must be made when the person:
(a) Observes or possesses knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, financial abuse, or neglect;
(b) Is told by an elder or dependent adult that he or she has experienced behavior constituting any type of such abuse; or
(c) Reasonably suspects any type of such abuse.
All reports must be made immediately or as soon as practicably possible, by telephone to the Elder Abuse Hotline at 1-800-822-6222 or visit http://ag.ca.gov/bmfea/reporting.php. A written report (State of California Form SOC 341) must be sent within two working days to the State of California’s Office of the Attorney General’s Bureau of Elder Abuse.
2. Exceptions (No Reporting): A physician, surgeon, registered nurse or psychotherapist (“Mandated Reporter”) is not required to report an incident where ALL of the following exist:
(a) The Mandated Reporter has been told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation financial abuse, or neglect;
(b) The Mandated Reporter is not aware of any independent evidence that corroborates the statement that the abuse has occurred,
(c) The elder or dependent adult has been diagnosed with a mental illness or dementia, or is the subject of court-ordered conservatorship because of a mental illness or dementia; and
(d) In the exercise of clinical judgment, the Mandated reasonably believes that the abuse did not occur.
B. Personal Use of Phones. Telephones may be provided for use in conducting business for Amada Senior Care. Company issued phones may not be used to receive or make personal calls. All usage should be for business-related purposes only. Any employee abusing the use of the company issued phones will be subject to disciplinary action up to and including termination. Furthermore, all phone usage may be monitored by Amada Senior Care to ensure proper use.
C. Computer Use. Illegal computer usage is a serious offense and carries severe penalties; up to several years in prison and large fines. Amada Senior Care takes the security of all electronic equipment, networks, and information very seriously and will prosecute any malfeasance to the fullest extent permissible by the law. The following rules apply to all employees who have access to Amada computers. This list is not intended to be all inclusive.
1. Computers, programs and data are the property of Amada and may not be tampered with, copied or destroyed.
2. Unauthorized use of programs, disks or games is prohibited.
3. Passwords are to be kept confidential.
4. E-Mail and/or Internet systems are to be used for company business only. There is no expectation of privacy regarding E-Mail communications sent or received using a worksite company computer.
5. E-Mail and or Internet use may be monitored by the worksite company to ensure proper use. All communications are to be conducted in a professional, business-like manner.
6. Suspicion of any computer sabotage must be reported to your Supervisor Manager immediately.
7. All employees must comply with this, and all subsequent policies regarding the usage of computers and other electronic media.
Violation of these guidelines is a severe offence and will result in disciplinary action up to and including termination. Your Supervisor can answer any questions you may have regarding computer use.
E. Employee Responsibilities. Below is a list of rules and requirements that will enable us to work together to successfully offer excellent care to those we serve. Failure to comply with any of these rules and responsibilities will result in disciplinary action in accordance with the policies and procedures contained herein.
(1) Clients are never to be put in harm’s way. Clients are never to be left unattended and under no circumstance should you leave a client alone in the residence. If for some reason it becomes necessary for you to leave, you must first call Amada Senior Care to arrange for alternative care for your client.
(2) All employees are to act in a courteous and kind manner to each and every client. There is NO situation which will justify disrespect or abuse in any form; this includes profanity, vulgarity, physical violence, or mental cruelty.
(3) Customer service is a cornerstone of Amada Senior Care and as such, all employees are to act in a way to help ensure the highest level of customer service for the Clients of Amada Senior Care.
(4) Honesty is the backbone of any employment relationship. As such employees are always to act truthfully and honestly in all dealings with and for Amada Senior Care.
(5) Acting in a professional manner is of paramount importance to Amada Senior Care. Employees are not to discuss their personal problems, religious, political, or moral beliefs with any client.
(6) Always be well groomed and dressed in industry appropriate attire. Amada Senior Care’s expectation is that you will always be professional in appearance.
(7) AS previously stated, all employees are to maintain current schedules of availability and contact information and to update any changes immediately to their Supervisor.
(8) Safeguarding our clients’ health and well-being dictates that all hourly employees remain awake and alert at all times when on duty. Failure to do so may result in termination.
(9) Employees are not authorized to transport a client in your personal vehicle without prior approval from Amada Senior Care. All employees are likewise required to possess a valid Driver License and personal auto insurance in order to drive your personal vehicle for business purposes. Current copies of all pertinent information will be kept in the employee’s personnel file.
(10) Employees are not allowed to do any personal banking for a client, nor receive direct compensation from a client. Employees are NEVER permitted to use a client’s Credit, ATM or Debit cards, or have a client write them a personal check.
(11) Amada Senior Care maintains a strict Zero Tolerance Policy towards drugs and alcohol. Furthermore, employees are not to use tobacco products, nor allow personal visitors, nor possess any weapons of any kind while on duty.
(12) Personal phone calls are NOT allowed while on duty. Employees shall not use a client’s phone or computer for personal purposes.
(13) Any safety concerns or potential hazards which are found must be reported to Amada Senior Care immediately.
(14) Report accidents. Any damage or breakage that occurs in your presence while on an assignment must be reported as soon as possible to your Supervisor.
(15) Report injuries. Immediately report to Amada Senior Care any client/employee injuries or other possible injuries which occurred while you were working. You must also report any injuries the client may have that happened while we were not present.
(16) Theft is a crime! All incidents of alleged theft are taken seriously and will be investigated thoroughly by Amada Senior Care. Any thefts which are found to have occurred will be reported to the proper authorities and prosecuted to the fullest extent of the law.
(17) As an employee you are not allowed to accept tips, money or goods from a client. Under no circumstances are you ever allowed to borrow money from a client.
(18) You are not a nurse! Only licensed nurses may dispense medication or give injections. Amada Senior Care is not in the business of providing medical services. Also, if a client needs either their toe or finger nails cut, notify you’re Supervisor and arrangements will be made with the family to have this done.
(19) Amada Senior Care may appear at your work site to provide on-site direction regarding the execution and performance of your job responsibilities.
(20) Employees may never give out their personal phone number or other personal contact information to a client.
F. Safety Guidelines. Amada Senior Care has a commitment to promoting and preserving the safety and health of all its employees working at our client company’s facilities. All employees must observe the following safety guidelines while working for Amada Senior Care:
(1) Should you observe any hazardous safety or health conditions or practices, report it to your worksite supervisor/manager and your Amada Senior Care Representative immediately.
(2) Check with your worksite supervisor/manager about any special safety regulations that are specifically applicable to the job you will be doing.
(3) Use all safety and protective equipment issued to you for your job (i.e. gloves, oven mitts, etc.)
(4) When entering any home in which you do not normally work, observe all safety precautions pertaining to that home and review posted emergency plans.
(5) Determine the location of exits, fire extinguishers, and first aid kits in case an emergency arises.
(6) When lifting, bend your knees and use your leg muscles, NOT your back. Know your limit and get help for heavy loads.
(7) Be sure flammable and toxic substances are properly stored and handled.
(8) Keep walkways clear of cartons, cords, open cabinet and/or closet doors, etc.
(9) Keep counter tops free of items that might fall and cause injury. Avoid leaving the drawers open and unattended.
(10) Adhere to your worksite company's requirements, such as closed shoes, no loose clothing, no excessive jewelry, etc.
(11) Always use the proper tools and appliances, and return them to their place when finished.
(12) Falls are the most common home injury; pay attention to slip, trip, and fall hazards.
(13) Do not attempt to break a patient’s fall, but when possible you may help ease them to the ground.
(14) Never try to help the client get up alone- call 911 then you’re your Supervisor
(15) When using stairs, hold onto the handrails.
(16) When it is necessary to access high shelves, use a ladder or step stool. Do not use chairs or boxes to stand on.
(17) Do not overload electrical circuit with double or triple plugs.
(18) Check all appliances for working safety valves, on/off switches, lock outs, protective covers, and clearance around exposed moving parts. Do not attempt to operate or repair appliances on which you have not been trained.
(19) Read and abide by all posted instructions and danger tags on appliances and/or medical devices; do not remove them.
(20) Always turn off appliances when not in use.
(21) Do not attempt to operate or make repairs to office-type equipment, appliances or medical devices unless you have been trained to do so.
(22) Report any frayed or damaged electrical cords.
(23) Use chemicals carefully and be sure to read the labels. Hazardous chemicals normally found in home environments include cleaning fluids (i.e., ammonia, bleach, etc.)
(24) Use or possession of drugs and/or alcohol by employees on the job is prohibited.
(25) Any changes in your job description or duties must be immediately reported to your Amada Senior Care Representative.
(26) Amada Senior Care will include you in any of our safety programs that affect your worksite.
State and Federal laws (OSHA) require that you make an immediate accident report to Amada Senior Care. Report all injuries, even those not requiring medical attention. In the unlikely event that an accident does occur, contact your Supervisor immediately.
Amada’s goal is to return injured employees to the workforce as soon as possible. For this reason you may be offered a modified duty position to keep you working during the healing process. It is the responsibility of every Amada employee to adhere to the Amada Safety Guidelines and safety rules. Anyone who violates reasonable safety rules may be subject to dismissal from Amada Senior Care. All accidents will be thoroughly investigated and any malfeasance will be prosecuted to the fullest extent of the law.
G. Misconduct. In order to ensure orderly operation, comply with all legal requirements, and provide the best possible work environment, Amada requires employees to follow the highest level of professional conduct and service. In addition to the previous guidelines, rules, procedures, and policies, all employees of Amada Senior Care are required to refrain from any of the following acts or omissions:
(1) Falsification of employment records, employment information, or other records.
(2) Recording the work time of another employee, allowing any other employee to record your work time, allowing falsification of any timecard, whether your own or another employee's.
(3) Theft, deliberate or careless damage of Amada property or the property of any patient or employee.
(4) Removing or borrowing Amada property without prior authorization.
(5) Unauthorized use of Amada equipment, time, materials, or facilities.
(6) Possessing, distributing, selling, transferring, or using--or being under the influence of--alcohol or illegal drugs in the workplace.
(7) Provoking a fight or fighting during working hours or on premises owned or occupied by Amada.
(8) Participating in horseplay / practical jokes on Amada's time or on premises owned or occupied by Amada.
(9) Carrying firearms or any other dangerous weapon, at any time, on premises owned or occupied by Amada.
(10) Engaging in criminal conduct during work.
(11) Insubordination, including but not limited to failure or refusal to obey the orders or instructions of any management member.
(12) The use of abusive or threatening language toward any manager and/or supervisor or member of management.
(13) Using profane or abusive language at any time during working hours or while on premises owned or occupied by Amada.
(14) Failing to notify the appropriate manager and or supervisor when unable to report to work.
(15) Failing to obtain permission to leave work for any reason during normal working hours.
(16) Failing to observe working schedules, including rest and lunch periods.
(17) Failing to provide a Doctor's note regarding an illness or injury when requested or required to do so.
(18) Sleeping or malingering on the job during designated working hours.
(19) Working overtime without authorization or refusing to work assigned overtime.
(20) Failing to follow the dress code policy as detailed in the dress and grooming standards.
(21) Violating any safety, health, or security policy, rule, or procedure of Amada.
(22) Committing a fraudulent act or a breach of trust under any circumstance.
(23) Indecent Conduct
(24) Discussion of confidential Amada or patient information with unauthorized persons.
(25) Unsatisfactory work performance.
(26) Failure to follow Amada policies and procedures.
(27) Unexcused tardiness or absences from your scheduled shifts.
(28) Dispensing medication or medication management.
The engagement of any of these actions by an employee is a serious offense and may result in severe discipline including, but not limited to disciplinary suspension and or termination.
H. Disciplinary Guidelines. In order to ensure transparency and fairness in dealing with employee discipline, Amada Senior Care has adopted the following policy and guidelines regarding employee discipline. Nevertheless, some violations of conduct, policy, or behavior are so severe and deleterious to the health and well-being of Amada Senior Care, its clients, employees, and interests that severe disciplinary action, including immediate discharge, may be required. Supervisors and management must seek counsel from Executive Director prior to administering any disciplinary procedure except for verbal and written reprimands.
(1) Verbal Warning. The verbal warning notifies employee that his/her performance or behavior is unacceptable and must improve. Verbal warnings are given by managers and supervisors when coaching has failed to produce the desire change in performance or for first time minor violations of policy. The date, time, and circumstances surrounding the warning may be documented in the employee’s personnel file.
(2) Written Reprimand and mandatory counseling session. This step is a formal written performance reprimand which specifies the problem and the required improvement, and the consequences. If improvement does not take place, further disciplinary action will occur up to and including termination. This reprimand is documented in the employee’s personnel file and employee must meet with management before any subsequent assignments may be made.
(3) Suspension. Suspension may be used when an employee's continued presence constitutes a clear threat to the safety of other employees, or to the public, or for continued violation of a Policy. Suspension may also be used as an investigative measure, to gain time to gather more information regarding a situation or in conjunction with a final written warning for a serious violation of Amada’s policy. Suspension will be documented in the employee’s personnel file, and once the suspension period has ended, the employee must attend a mandatory counseling session with management before subsequent assignments may be accepted.
(4) Termination. Discharge from employment should only be taken when management is satisfied that the employee has been given every opportunity to meet performance or behavior standards and failed to do so. Dismissal may also be sought where the employee has severely violated the terms, conditions, and policies of their employment. This action is documented on the Employee Counseling Record. The Human Resources Department must be contacted prior to any dismissal under this policy.
An employee who has not completed the probationary period of employment is not subject to the above guidelines. Human Resources should be consulted if disciplinary action is necessary during this period.
EMPLOYEE’S SIGNATURE BELOW ATTESTS TO THE FACT THAT EMPLOYEE HAS READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND TO ALL OF THE ABOVE TERMS AND POLICIES WHILE EMPLOYED AT AMADA SENIOR CARE.
VII. Scope of Agreement.
This Agreement is the entire Agreement regarding Employee’s employment and expressly supersedes all practices, understanding, and agreements, whether written or oral, not specifically set forth in this Agreement. The Company reserves the right to amend or terminate this Employment Agreement at any time without notice and at its sole discretion. This agreement supersedes any previous agreements with respect to your pay and any prior Employment Agreements are no longer in effect. Employee agrees to abide by all of Employee Handbook that are consistent with the terms of this Agreement. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California. The provisions of this Agreement are severable, and if any of its provisions are found to be unenforceable, the remaining provisions shall remain fully valid and enforceable. This Agreement shall survive the termination of any arrangements contained herein.
VIII. Severability.
If any term or provision, or portion of this handbook is declared void or unenforceable it shall be severed and the remainder of this handbook shall be enforceable.
IX. Voluntariness.
This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below:
MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND TO ALL THE ABOVE TERMS. I ALSO UNDERSTAND THAT I HAVE THE RIGHT TO REVOKE THE MEALS AND LODGING PORTION OF THIS AGREEMENT, IN WRITING, AT ANY TIME.
Amada Senior Care
402 Uptown Square
Murfreesboro TN 37129
615-933-7494
402 Uptown Square
Murfreesboro TN 37129
615-933-7494