EMPLOYMENT AGREEMENT
This Agreement is made effective as of ______by and between Professional Pediatric Home Care, Inc. of 2 Inverness Drive East, Ste 101, Englewood, CO 80112 and:
______
NAME
______
ADDRESS
______
CITY, STATE, and ZIP CODE
In this Agreement, the party who is contracting to receive services shall be referred to as “PPHC Inc.” and the party who will be providing the services shall be referred to as “Employee.”
Employee is a(n): (Initial one)
___ Registered Nurse (RN) providing private duty nursing services or skilled nursing visits for the pediatric population in a home health setting, paid on an hourly basis at a rate to be determined between PPHC Inc. and RN.
___ Licensed Practical Nurse (LPN) providing private duty nursing services or skilled nursing visits for the pediatric population in a home health setting, paid on an hourly basis at a rate to be determined between PPHC Inc. and LPN.
Employee is willing to provide the applicable services, as indicated above, to PPHC Inc., and PPHC Inc. desires to obtain such services provided by Employee.
Therefore, the parties agree as follows:
Employee Responsibilities:
Employee’s duties shall include, without limitation, the following:
1. Practices with professionalism, compassion and respect for the inherent dignity, worth, and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.
2. Accepting assignments from PPHC Inc. and fulfilling responsibilities to patient and PPHC Inc. in accordance with patient physician orders, current standards of practice, and regulatory requirements.
3. Conform to all policies and procedures of PPHC including upkeep of personnel record requirements. Personnel records include, but are not limited to, all applicable licensures, TB screening, Hep B, flu vaccination, and CPR certification.
4. Complying with the provisions of all state, local and federal laws, regulations, ordinances, requirements and codes which are applicable to the performance of services to be rendered.
5. Not discriminating against any person on the basis of race, color, national origin, age, sex, sexual orientation, religion, disability, or any other protected basis under federal, state, and local laws, in the performance of work for PPHC Inc.
6. Adhering to privacy and confidentiality of patient records and communication as outlined in HIPAA regulations and agency policy.
7. Performing any other services that may be assigned to Employee by PPHC Inc.
TERMINATION AND AT-WILL EMPLOYMENT
Employee’s employment with the Company is at will. Thus, either Employee or PPHC Inc. may terminate Employee’s employment with the Company at any time, for any reason or no reason, with or without cause, advance notice, or warning.
RETURN OF RECORDS
Upon termination of Employee’s employment with the Company, Employee immediately shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in Employee’s possession or under Employee’s control and that are PPHC Inc.’s property or relate to PPHC Inc.’s business or patients.
CONFIDENTIALITY
Employee shall protect the confidentiality of all records and other materials containing personal identifying information the Company’s patients. Any disclosure of protected health information will only be done in accordance with HIPAA guidelines. Except as provided by law, no information in possession of Employee about any individual shall be disclosed in any form, including identifying information, without the prior written consent of the person in interest, a minor’s parent, or guardian.
Employee shall not, either during the term of this Agreement or at any time subsequent to that date upon which his or her relationship with PPHC, Inc. shall terminate, for any reason whatsoever, disclose to any person or entity, other than in the discharge of his or her contractual duties to PPHC, Inc., any information concerning (a) the business operations or internal structure of PPHC, Inc.; (b) the shareholders, officers, or employees of PPHC, Inc.; (c) his or her work performed for PPHC, Inc.; or (d) any method or procedure relating or pertaining to projects developed or implemented by PPHC, Inc. or contemplated by PPHC, Inc. to be developed or implemented. Further, upon termination of Employee’s relationship with PPHC, Inc. for any reason whatsoever, Employee shall not take with him or her, without the prior written consent of the Board of Directors of PPHC, Inc., any drawing, blueprint or other reproduction, any data, reports, programs, tapes, card decks, listings (including, but not limited to, shareholder lists), programming documentation, or any other written, graphic or recorded information, instrument or document relating or pertaining to PPHC, Inc. As a violation by Employee of the provisions of this paragraph could cause irreparable injury to PPHC, Inc. and there is no adequate remedy at law for such violation, PPHC, Inc. shall have the right, in addition to any other remedies available to it, at law or in equity, to enjoin Employee in a court of equity for violating such provisions without posting a bond.
NOTICES
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid addressed as follows:
PPHC Inc.
Professional Pediatric Home Care, Inc.
2 Inverness Drive East, Ste 101
Englewood, CO 80112
Employee
______
______
______
AMENDMENT
This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties.
SEVERABILITY
If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provision would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of the Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the Agreement.
APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Colorado, except its conflict of laws provisions.
In witness whereof, the parties have caused their duly authorized representatives to sign this EMPLOYMENT AGREEMENT as of the date first stated above.
PARTY RECEIVING SERVICES:
Professional Pediatric Home Care, Inc.
☐ By checking this box, I am certifying this as my electronic signature typed below.
BY:______/ ______Name: / Date
Title:
PARTY PROVIDING SERVICES:
☐ By checking this box, I am certifying this as my electronic signature typed below.
______/ ______Signature of Employee / Date
Addendum to Employment Agreement
Compensation and Benefits
Please mark the appropriate status.
_____ Part Time (<36 week)
_____ Full Time (between 36-40 hrs week)
_____ Full Time/Other. Mark here if you would like to request a special arrangement with PPHC that falls outside of either category above. See box below:
______A special arrangement has been established between employee and PPHC that is made outside of either the part time or full time status, as stipulated above. The employee is requesting to work patient care hours of no more than ______per week at an hourly rate of ______. This arrangement constitutes full time status including employee eligibility for health and 401K benefits.
Both employee and employer must initial to become valid. Employee:_____ Employer:_____
DEFINITIONS
Part Time
“Part Time” status is defined as less than 36 hours worked per week on average. Part time status is not eligible for health insurance but is eligible to make 401K contributions.
Full Time
“Full Time” status is defined as an average number of hours worked between 36 and 40 hours per week. A full time status employee is eligible to participate in health insurance and 401K benefits (see below). An employee is not able to work over 40 hours per week or more than 12 hours per day unless a special agreement has been made in advance with the Director of Nursing.
Shifts:
A “shift” can be up to 12 hours worked. An employee may not work more than 12 hours in a 24 hour period unless a special arrangement has been made in advance with the Director of Nursing.
Visits:
A “visit” constitutes a maximum of 2.5 hours of patient care time.
Hours:
“Hours” worked are defined as direct patient care time unless otherwise approved by the Director of Nursing. If non-direct patient care hours are approved, those hours are included in the 12 hour maximum per day hours.
Overtime:
Approved overtime will be paid for hours worked in excess of 12 in a day or 40 in a workweek. Individuals will be required to provide accurate time records.
PAY SCALE
RN Pay Schedule
Day Shift $ 24.00 per hour
Weekend Day Shift $ 25.00 per hour (Saturday, Sunday)
Week Night Shift $ 25.00 per hour
Weekend Night Shift $ 26.00 per hour (Friday night, Saturday night)
Lead Nurse/Case Manager $ 26.00 per hour any shift (one nurse on a case)
Primary/Case Manager $ 27.50 per hour any shift
LPN Pay Schedule
Any shift $ 19.25 per hour any shift
Holidays: New Years Eve Day starting at 3pm, New Years Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve starting at 3pm, Christmas Day. * Holiday pay upon prior approval of PPHC
OPTIONAL BENEFITS FOR EMPLOYEES):
Health and Dental Insurance (≥36 hrs week) – PPHC will contribute 50% toward the cost of employee major medical coverage. Any child, spouse, and/or family coverage selected will be at employee’s expense. Any type of dental coverage will be at the employee’s expense. Any applicable deductions will be taken directly from the employees check each pay period. Eligibility begins the first of the month following 60 days from date of hire.
401K– Any employee is eligible to participate in a 401K retirement plan. The plan allows for employee contributions into the plan. Any elected contribution by the employee will be taken out of the employee’s check and automatically deposited into their 401K account each pay period. You may enroll at any time on either January 1 or July 1.
I agree to comply with the hours stipulated above. I understand another agreement will need to be established if the average hours changes when it creates a change in either part time or full time status.
☐ By checking this box, I am certifying this as my electronic signature typed below.
______
Employee Signature Employee Printed Name Date
☐ By checking this box, I am certifying this as my electronic signature typed below.
______
Employer Signature Employer Printed Name Date
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