Is there a standard employment contract for private caregivers ?
I often read of the need for an employment contract. What information should be included in an employment contract for the individual caregiver in private care ?
I was a rented employee at Digital Art Exchange in Boston. I don't know how many PEO's will take on a sole employee. Snipped from a Google search: Professional employer organizations (PEOs) enable clients to cost-effectively outsource the management of human resources, employee benefits, payroll and workers' compensation. A PEO provides integrated services to effectively manage critical human resource responsibilities and employer risks for clients. A PEO delivers these services by establishing and maintaining an employer relationship with the employees at the client's worksite and by contractually assuming certain employer rights, responsibilities, and risk.
PEO hires a client company's employees, thus becoming their employer of record for tax purposes and insurance purposes. This practice is known as joint employment or co-employment.
Pass-through agencies are staffing firms that act as the employer of record for independent contractors, but do not obtain work for them.
Each state in the U.S. has differing regulations for workers' compensation insurance and state unemployment insurance, so PEOs are typically regulated at the state level.
The Growing Burden of Employment Regulation
1900 Common Law Case Law
1940 Common Law Case Law State Laws Local Laws IRC RLA FICA FLSA NLRA
1980 Common Law Case Law State Laws Local Laws IRC RLA FICA FLSA NLRA LMRA FUTA LMRDA CRA ADEA OSHA ERISA VEVRRA MSHA JSIA FDA
1998 Common Law Case Law State Laws Local Laws IRC RLA FICA FLSA NLRA LMRA FUTA LMRDA CRA ADEA OSHA ERISA VEVRRA MSHA JSIA FDA IRCA TRA COBRA TEFRA WARN EPPA DFWA ADA FMLA USERRA CCPA DTB TSCA CAA CERCLA SDWA SWDA WPCA HIPAA
My suggestion is to go through a PEO. They actually "employ" the employee and "rent" him/her to you for a nominal price. They handle all the workers comp, taxes, social security and unemployment taxes. It is well worth the price. I use a company called Einstein. When I had to fire an employee for smoking on the job, they had a representative for me when she challenged the firing. It is the only way to go. They also do background checks & drug checks if you wish.
I worked for a Home Care company. Signed a ton of papers. They had be background-checked and I was bonded and licensed through them. When I care for mother, it's just a family thing and no contract seems necessary (at this time) since I don't get paid.
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Snipped from a Google search:
Professional employer organizations (PEOs) enable clients to cost-effectively outsource the management of human resources, employee benefits, payroll and workers' compensation.
A PEO provides integrated services to effectively manage critical human resource responsibilities and employer risks for clients. A PEO delivers these services by establishing and maintaining an employer relationship with the employees at the client's worksite and by contractually assuming certain employer rights, responsibilities, and risk.
PEO hires a client company's employees, thus becoming their employer of record for tax purposes and insurance purposes. This practice is known as joint employment or co-employment.
Pass-through agencies are staffing firms that act as the employer of record for independent contractors, but do not obtain work for them.
Each state in the U.S. has differing regulations for workers' compensation insurance and state unemployment insurance, so PEOs are typically regulated at the state level.
The Growing Burden of Employment Regulation
1900
Common Law
Case Law
1940
Common Law
Case Law
State Laws
Local Laws
IRC
RLA
FICA
FLSA
NLRA
1980
Common Law
Case Law
State Laws
Local Laws
IRC
RLA
FICA
FLSA
NLRA
LMRA
FUTA
LMRDA
CRA
ADEA
OSHA
ERISA
VEVRRA
MSHA
JSIA
FDA
1998
Common Law
Case Law
State Laws
Local Laws
IRC
RLA
FICA
FLSA
NLRA
LMRA
FUTA
LMRDA
CRA
ADEA
OSHA
ERISA
VEVRRA
MSHA
JSIA
FDA
IRCA
TRA
COBRA
TEFRA
WARN
EPPA
DFWA
ADA
FMLA
USERRA
CCPA
DTB
TSCA
CAA
CERCLA
SDWA
SWDA
WPCA
HIPAA
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https://www.agingcare.com/documents/personal_care_agreement_AgingCare.pdf