Sample Personal Care Attendant Employment Agreement

Sample Personal Care Attendant Employment Agreement

An employment agreement spells out the rules, rights and responsibilities for both the Personal Care Attendant (the employee) and the individual with cerebral palsy or family who is hiring the Personal Care Attendant. This agreement is essential to ensuring that the employee and the employer understand the job expectations, obligations and any special circumstances that might be involved in the duties. Because the work of a Personal Care Attendant, is by nature, personal and unique to each individual, the job responsibilities will vary from person to person. However, there are essential components of an employment agreement that are important to ensure that all parties understand their roles and the rules. These components generally include language regarding: Employee's Salary, Benefits, Work Responsibilities and Work Schedule, Training /Certification Expectations, Evaluations, and Termination. We have included a sample employment agreement for a personal care attendant that we hope is a helpful tool for you to customize to your needs. This sample employment agreement is provided for informational purposes only, and should not be construed or taken as legal advice. This content contains general information and should be modified according to your needs and reviewed by an appropriate legal professional.

 

EMPLOYMENT AGREEMENT

This Employment Agreement (this "Agreement") is made effective as of (Insert Date), by and between (Insert Family Name/Individual or Trust Name) and to be supervised by (Insert Supervisor Name), of (Insert Address) and (Insert Name of employee) ("Personal Care Attendant or PCA"), of (Insert Employee Address).        

 

  1. EMPLOYMENT.  PCA will provide services (“Services”) as a full-time, personal care attendant for Parents’ disabled child, (Name of Individual). The Services are further described in Exhibit A hereto.  PCA’s normal, weekly work schedule (“Schedule”) shall consist of thirty (30) hours per week, as follows:

Day

Schedule

No. of Hours

Monday

off

off

Tuesday

2:00 p.m. to 7:00 p.m.

5

Wednesday

2:00 p.m. to 7:00 p.m.

5

Thursday

2:00 p.m. to 7:00 p.m.

5

Friday

2:00 p.m. to 9:00 p.m.

7

Saturday

9:00 – 5:00

8

Sunday

Off

0

 

 

Total:  30 Per Week

The Schedule may be adjusted by mutual agreement depending upon circumstances, such as Child’s school attendance, family vacations, etc., but with the expectation, understanding, and agreement that PCA shall provide 1,500 hours of Services total for a total of 50 weeks per year (30 hours per week x 50 weeks = 1,500 hours, with 2 weeks set aside for paid time off pursuant Section 4B below).   

  1. COMPENSATION.  Regular Compensation. (Parents/Individual/Trust) will pay PCA a salary of (Insert salary) per week.  Parents will provide PCA with a W-2 form each year and will withhold federal and state taxes from PCA’s paychecks and submit such taxes to the relevant authorities on PCA’s behalf.  In addition to the above amounts, Parents will pay for and submit required social security, unemployment and Medicare taxes for paycheck amounts.  PCA will be paid bi-weekly on Fridays unless such a pay date falls on a holiday, in which case PCA shall be paid on the preceding Thursday.  

 

  1. INCIDENTAL EXPENSES.  Parents will provide PCA with access to up to $50.00 per day (cash or credit card) to pay for incidental expenses (“Incidental Expenses”) directly incurred by PCA and/or Child in connection with providing the Services (e.g., meals, arts and craft supplies, snacks, admission tickets, etc.).  Any unused amounts shall revert to Parents on a daily basis and not carry over or accumulate.  PCA will be responsible for keeping track of such reimbursable expenses and produce the supporting receipts.  If PCA expends his/her own funds for Incidental Expenses, Parents will reimburse same, subject to the $50.00 daily maximum aggregate limit for total expenditures by PCA and Parents.     

 

  1. BENEFITS.  PCA shall be entitled to employment benefits as described below:

A.  HolidaysUnless otherwise mutually agreed upon by Parents and PCA, PCA shall not be required to work on any of the following holidays, which shall be considered paid holidays in the event that PCA would otherwise have been scheduled to work on such dates:

  • New Year's Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • Christmas Day

B.   Paid Time OffPTA shall have ten (10) days of flexible paid time off (“PTO”) from work that can be used for vacation, doctor appointments, volunteerism, or any other activities of PTA’s choice.  PTO must be used for all paid time off work except paid holidays (as provided for in Section 4A above) or as otherwise may be required by law.  To take PTO, PCA shall provide as much notice as possible.     

C.  Sick DaysDuring each full year of employment (measured from the start date), PCA shall be entitled to a total of five paid sick days; any additional sick days will be unpaid.  Notice for sick days should be given as far in advance as reasonably possible but in no event later than 6:00 a.m. if PCA will be unable to work on that day.

D.  Limitations.  Unused PTO and sick days shall not be carried or rolled over to the following year.  Additionally, unused PTO and sick days are not a vested benefit.  If the PCA’s employment terminates for any reason, whether voluntary or involuntary, PCA shall not be entitled to any part of any remaining PTO or sick days and shall have no right to claim for payment, compensation, or any other consideration in respect to any remaining PTO or sick days.

 

  1. EVALUATIONS.  At least once per year Parents and PCA shall meet to discuss matters relating to PCA’s employment, including the Child’s development, Parents’ assessment of PCA’s performance and any issues that PCA wishes to raise.  While this evaluation shall take place at least annually, Parents and PCA acknowledge that open communication is critical to the success of the relationship and therefore both Parents and PCA are encouraged to raise any issues or concerns they may have with the other at an early stage so that they can be resolved quickly and constructively.  Likewise, Parents and PCA agree to listen to and consider any comments as being offered in the spirit of constructive criticism.

 

  1. TERM/TERMINATION.  The term of this Agreement shall begin on (Insert Date) and shall continue indefinitely from year to year until terminated by PCA or Parents upon the required notice.  Either Party shall have the right to terminate this Agreement upon giving the other party at least three weeks’ prior notice.  Notwithstanding the foregoing, either party is entitled to terminate this Agreement at any time effective immediately if such party reasonably believes that the personal safety of either PCA or Child is in question or if either party believes in good faith that there are irreconcilable differences that cannot be overcome. 

 

  1. ADDITIONAL TRAINING; BACKGROUND CHECK.  PCA agrees that, within 6 months after (Insert date of employment), PCA shall have renewed PCA’s CPR and first aid course certification; provided, that Parents shall pay the cost of any required course(s).  PCA agrees that PCA will maintain the validity of PCA’s CPR and first aid course certification throughout the term of this Agreement.  PCA agrees to provide any required consents in order to permit Parents to perform (or have performed by a third party) a criminal background check on PCA.  Parents agree to maintain any background information provided to them by PCA under this Agreement strictly confidential; provided that Parents may divulge such information if compelled by law or in connection with a legal proceeding.

 

  1. GOVERNING LAW.  This Agreement shall be governed by the laws of the State of (Insert Here) , without reference to the conflicts of law principles of such State.

 

  1. ENTIRE AGREEMENT.  This Agreement contains the entire, final and binding agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.  This Agreement supersedes any prior written or oral agreements between the parties.  Amendments to this Agreement must be made in writing and signed by both parties.

PARENTS                                                                 PCA

By:      __________________________  By:__________________________

By:      __________________________

           

 

EXHIBIT A

General Description of Services

Communication:  Good communication is essential. PCA must bring any problems or issues with (Insert Name) behavior or routine, PCA duties, or other matters to the attention of Parents soon as they occur.  Parents promise to be honest and up-front with PCA regarding all aspects of (Insert Name) care and in return ask the same of PCA. All issues will be resolved with good communication and not recriminatory confrontation.

Job Responsibilities:  Specific Personal Care Attendant responsibilities and duties are primarily those relating to (Insert Name) such as providing safe, loving and responsible care. This care includes, but is not limited to the following:

  1. Activities of Daily Living: PCA is expected to assist with all activities of daily living, including but not limited to:          
  • Meals/Feeding: PCA will regularly feed (Insert Name). PCA will prepare and serve healthy snacks and meals with an emphasis on fresh, low sugar, unprocessed, and high-quality/organic ingredients. Parents will provide a selection of food at home, as well as a credit/debit card to purchase food while out (subject to the $50 daily limit for Incidental Expenses).   
  • Hydration: PCA will ensure that (Insert Name) always has fresh water available throughout the day (and night, if sleeping over).
  • Dressing: PCA shall ensure that (Insert Name) is properly dressed in clean clothes for the activities and the weather exposure.
  • Hygiene and Toileting: PCA will ensure that (Insert Name) uses the toilet for 5-10 minutes after meals and upon request. PCA will change (Insert Name) pull-up if soiled during the day and will put a nighttime diaper on at night. PCA is expected to give (Insert Name) a shower most evenings. PCA is expected to brush (Insert Name) teeth upon waking and before bed. Should (Insert Name) wet the bed, PCA will ensure that (Insert Name) soiled clothes and sheets are removed/changed promptly. Such items should be washed as soon as possible.
  • Transfers: PCA is responsible for transferring (Insert Name) into and out of specialized seating and mobility equipment, and performing all prescribed or recommended physical activities, including, but not limited to: standing, tricycle riding, walking in the gait trainer and frame runner.
  1. Medical Care.  PCA will administer medicines, whether over-the-counter or prescription, to (Insert Name) as directed and only as directed by Parents.  All medicine administered by PCA must be logged with exact dosages and the time given so that no overdosing can occur.  In addition, PCA will remain alert for signs of any medical conditions and report any suspected conditions to Parents promptly. In case of an emergency, PCA will call 911 immediately.
  2. Education /Communication Activities: PCA will socialize and interact with (Insert Name) regularly throughout the day to encourage communication and personality development using various educational, therapeutic and behavioral techniques including, but not limited to: 
  • Modeling conversation, manners, set up and clean up activities, listening, job skills and everyday interactions for the purpose of demonstrating appropriate social behavior in a culturally sensitive manner.
  1. Equipment and Technology: PCA will utilize equipment and technology, including all AAC, personal technology, and powered mobility, to ensure (Insert Name) active participation in all settings.
  2. Recreation, Leisure and Physical Fitness:  PCA will transport and accompany (Insert Name) to various scheduled fitness, outdoor and/or therapeutic activities such as personal training, horseback riding and any scheduled sporting or intramural activities. PCA will encourage (Insert Name) to engage in play and fitness activities, such as swimming, tricycle riding or gait training, and will accompany (Insert Name) on trips to parks and nature walks, as well as to social groups and other activities such as museums, recreational facilities, playgrounds, and cultural exhibits or festivals. PCA may take (Insert Name) on daily walks/runs/bike rides outdoors, weather permitting.
  3. Quiet Time: PCA understands that there are times throughout the day when (Insert Name) will need quiet time to rest, play or listen to music alone.  PCA will ensure that (Insert Name) is safe in (Insert Name) room either in bed or on the mat on during these times and will be checked on at least every 15 minutes. (Insert Name) should not be left alone for more than 1 hour.
  4. Communication with Other Professionals: PCA is responsible for communicating with teachers and other professionals (speech therapist, PT’s, OT’s, and TVI’s) for the purpose of ensuring continuity of care and/or academic or therapeutic goals and objectives across settings and ensuring that parents are aware of all necessary communications.
  5. Transportation: There will be no unapproved trips or car rides.  PCA will ALWAYS use the modified ramp van provided or car seat provided and properly installed by Parents when transporting (Insert Name) in any other vehicle.
  6. General Household Maintenance: PCA will be responsible for the following domestic duties associated with care and performance of the Services:
    1. Kitchen: Clean or straighten kitchen (including loading/unloading dishwasher and/or hand washing and putting away clean pots, pans and dishes) promptly after meals.
    2. Living Room and Other Areas: Daily picking-up of toys and clothes in bedroom or other household areas.
    3. Laundry: PCA is responsible for washing clothes and bedding promptly if soiled.
    4. Diapers:  PCA will empty diaper pails as required.
    5. Garbage and Recycling: PCA will take full garbage and recycling to outdoor receptacles promptly. PCA will take outdoor garbage and recycling receptacles to the curb according to schedule and bring in promptly when parents are out of town.

Other Issues

  • Guidelines for Releasing Children: Under NO circumstances will PCA release (Insert Name) to any relative, neighbor, family friend or friend's parent without Parents' express and direct authorization to do so. PCA shall be personally introduced by Parents to any person to whom (Insert Name) may be released. In the event that such meeting is impossible, PCA will request proof of identification (such as a driver's license) before he will release (Insert Name). If such identification is unavailable, (Insert Name) will not be released.
  • Firm Guidance: PCA understands that certain activities, as prescribed by Parents, are forbidden. In no event shall (Insert Name) be allowed to engage in any activity that is deemed dangerous by Parents or PCA. PCA shall be firm but loving with (Insert Name). Parents will work with PCA to develop disciplinary and behavioral modification methods but, in the event of any disagreement as to these methods, PCA agrees to defer to Parents’ judgment.
  • Emergency Situations: In the case of any emergency, PCA will make every reasonable effort to contact one or both Parents immediately. If necessary, PCA must not hesitate to call 911 or the Poison Control Center prior to calling Parents. In any emergency, if PCA cannot be reached, PCA is to contact (Insert Preferred Contact).  If the situation warrants immediate action or if the phones are inoperative, PCA may try to get assistance from the neighbors. A list of phone numbers will be posted for emergency use in the (Insert Preferred Location). 
  • Authorization to Treat a Minor: Parents will sign and date two "Authorization to Treat a Minor" cards for (Insert Name): one to be put on file at the pediatrician's office and the other held in PCA’s possession.  In the unlikely event of an emergency when Parents cannot be reached, this card will allow PCA to give the doctor permission to administer any medically necessary care to children. If PCA is required to give authorization to medical personnel to treat children, Parents understand that all medical care administered would be on the advice and at the discretion of medical personnel only, and PCA cannot be held liable/responsible for the decisions made by said medical personnel. Furthermore, PCA shall not be held liable/responsible for any medical bills incurred by such medical attention.

General House Rules: The rules listed below must be followed. To make an exception to any of these rules requires the verbal consent from one of Parents or the presence of an emergency situation.

  • PCA is never, under any circumstances, to spank, hit, slap or shake (Insert Name).
  • PCA is never to leave (Insert Name) unattended in the pool, car, house or other location.
  • PCA will immediately inform Parents of any adaptive equipment malfunctions, parts or safety or maintenance issues.
  • PCA will not smoke and will keep (Insert Name) away from the immediate vicinity of smokers.
  • No visitors, except on prior notification and approval of Parents.
  • One parent should always know where (Insert Name) and PCA are, and how they can be immediately reached.
  • PCA is expected to have a working cellphone which can be reached either by text or voice call whenever PCA is with (Insert Name).
  • PCA is expected to minimize personal use of technology during working hours with (Insert Name) and only for essential/necessary activities.
  • PCA will engage in only short and occasional personal calls or texts.
  • PCA shall not allow any unapproved rides in any cars.
  • PCA shall keep the house locked when no one is home.
  • PCA shall lock the gate at all times.
  • PCA should report any suspicious visitors or phone calls to Parents immediately.
  • PCA should report to Parents immediately any falls or injuries occurring to (Insert Name) or self.
  • PCA must inform Parents if (PCA) is feeling ill.
  • Both Parents and PCA are to maintain an area that is free from potential dangers, i.e. choking/strangulation hazards, breakables within (Insert Name) reach, etc.

This sample employment agreement is provided for informational purposes only, and should not be construed or taken as legal advice. This content contains general information and should be modified according to your needs and reviewed by an appropriate legal professional.