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EMPLOYMENT AGREEMENTThis AGREEMENT, entered into this ___ day of [Month], 20__, between On Call Staffing Agency LLC LLC], a District of Columbia (the "Company"), and _________ [name of employee] (the "Employee"),WITNESSETH THAT:WHEREAS, the parties hereto desire to enter into this Agreement to define and set forth the terms and conditions of the employment of the Employee by On Call Staffing Agency LLC.NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by On Call Staffing Agency LLC and the Employee as follows:1. Position; Employment Period On Call Staffing Agency LLC hereby employs the Employee as [position], and the Employee hereby agrees to serve in such capacity, for the period beginning [start date], 20__, and ending on the date on which the Employee's employment is terminated in accordance with paragraph 8 below (the "Employment Period"). (Refer to attached Job Description for position)2. Performance of Duties The Employee agrees that during the Employment Period he shall devote his full business time to the business affairs of On Call Staffing Agency LLC and shall perform his duties faithfully and efficiently subject to the direction of the [President] of On Call Staffing Agency LLC. The Employee shall not be assigned duties and responsibilities that are not generally within the scope and character associated or required of other employees of similar rank and position as required by the state scope of practice. The employee understands the nature of employment as specified in the job description. The employee further understands the employer is staffing agency and the employment is subject to fulfilling the employment duties as specified by the contacted client or company.3. Work HoursThe Employee would be required to work from_____ (am) to _____ (pm) with unpaid meal or lunch period of thirty (30) minutes. The thirty (30)-minute lunch period shall be in addition to his or her regularly scheduled duty hours. Employee shall have a rest period of fifteen (15) minutes during each four (4) hour period of work. The lunch period is separate and distinct from a rest period.The Employee would be required to work _____ (days) a week. _______________ (Specify which Days)See appendix A for employment classifications.4. Compensation Subject to the following provisions of this Agreement, during the Employment Period the Employee shall be compensated for his services as follows:He shall receive an annual salary, payable bi-weekly in an amount of [$ amount]. Pay increases as may from time to time be determined by the [President] of On Call Staffing Agency LLC.Overtime: There may be times when an employee will need to work overtime so that we may meet the needs of clients. Although employees will be given advance notice when feasible, this is not always possible. Non-exempt employees must have all overtime approved in advance by their direct Supervisor. Overtime pay is based on actual hours worked; time off on holidays, sick leave or any leave of absence will not be considered hours worked for purposes of overtime calculations. Overtime is normally paid at the rate of 1.5 times an employee’s regular rate of pay for hours worked over 40 in any work week. In calculating hours worked, for purposes of overtime pay, break periods are considered part of the workday, but lunch periods are not.[specify pension and other non-salary benefits.]He shall be entitled to vacations of not less than [amount] per year.He shall be entitled to sick leave of not less than [amount] per year.See Appendix B for Salary ScaleSICK LEAVE On Call Staffing Agency LLC provides ten (10) paid sick days each calendar year, to all full-time employees, and complies with all standards set by DC law in regard to sick leave. An employee who is ill or has an ill spouse, domestic partner, or child should contact their Supervisor as soon as he/she is aware that he/she is unable to report to work. Sick days can be taken in ? and full day increments and are accrued over 24 pay periods at 0.42 days per pay period. On Call Staffing Agency LLC does not pay any compensation for unused sick leave upon voluntary or involuntary termination of employment, and employees are not permitted to carry over unused sick leave from one fiscal year to the next. If an employee’s absence is covered by the FMLA, that employee should follow the procedures set forth in that policy. Employees may be required to provide a doctor’s note(s) to explain their absences. If requested, employees should turn the note(s) into Human Resources within three days of their return to work. JURY DUTY/WITNESS LEAVE Full-time Regular employees summoned for jury duty, or subpoenaed to testify as a witness, will be granted the necessary time off upon furnishing proof of such notice to serve. Absences for jury or witness duty are not deducted from any leave allowance. Full-time employees will be paid their regular salary up to ten (10) business days of jury duty. Should you have to serve longer than ten (10) business days, your situation will be assessed on a case-by-case basis. Your leave may include unpaid time off if applicable. Temporary and part-time employees will not be paid for jury or witness duty. Should jury/witness leave not require the full workday or workweek, On Call Staffing Agency LLC employees are required to return to her/his duties at On Call Staffing Agency LLC. MILITARY LEAVE Full-time employees who are absent from work due to service in the uniformed services, including but not limited to, service in the armed forces of the United States or the armed forces reserves, the national guard, or another commissioned corps of public service, will be granted an unpaid leave of absence in accordance with federal and state laws governing such leaves, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA). Unless otherwise provided by state law, employees on such leaves of absence are generally entitled to certain reemployment rights and benefits if they meet the following requirements: Advance Notice – The employee must personally, or through an officer of the service, give written or verbal notice before the need for military leave begins, unless precluded by military necessity or circumstances which make notice unreasonable or impossible.Duration of Leave – The employee’s cumulative period of service in the uniformed services while in On Call Staffing Agency LLC’s employment may not exceed five years, unless additional service is require to complete an initial period of obligated service, the employee is unable to obtain orders of release through no fault of his/her own, the employee is able to certify in writing by the Secretary of Defense that additional training is required, or additional service is required during a national emergency or war; and Timely Reemployment Application – The employee must return to work or submit an application for reemployment within the required time frame depending on the length of the employee’s service. An employee should contact his/her Supervisor or Supervisor for more details regarding military leave (e.g., what type of service qualifies for this leave entitlement, what constitutes timely reemployment, under what circumstances an employee’s application for reemployment may be denied, an employee’s rights and obligations related to employment benefits while on leave and upon returning from leave, etc.).FAMILY AND MEDICAL LEAVE (FMLA) FAMILY AND MEDICAL LEAVE Eligibility Employees who have been employed by On Call Staffing Agency LLC continuously for 12 consecutive months and have worked at least 1,000 hours during the 12-month period immediately preceding the beginning of their leave will be eligible for leave under the D.C. Family and Medical Leave Act. Employees who have been employed by On Call Staffing Agency LLC a total of 12 months even if they are not consecutive and who have worked at least 1,250 hours during the 12-month period immediately preceding the beginning of their leave are eligible for leave under the Federal Family and Medical Leave Act. On Call Staffing Agency LLC recognizes both laws set forth by the Federal Family and Medical Leave Act and the District of Columbia’s Family and Medical Leave Act. Federal Family and Medical Leave allows eligible employees a total of 12 workweeks of unpaid Family and Medical leave during any 12-month period. D.C. Family and Medical Leave allows eligible employees a total of 16 workweeks of unpaid family leave and 16 workweeks of unpaid medical leave within a 24-month period (immediately preceding the request for family or medical leave). The Federal FMLA and D.C. FMLA run concurrently and cannot be used consecutively if leave is covered under both laws. Eligible employees may take family leave under this policy under the following circumstances: For the birth and care of a newborn child, or the placement and initial care of an adopted or foster care child; andTo care for an employee’s spouse, child, family member or domestic partner with a serious health condition. For a serious health condition that makes the employee unable to perform the employee’s job d. Because of a qualifying exigency arising out of the fact that an employee’s spouse, child or parent is a covered service member on active duty (or has been notified of an impending call or order to active duty in support of a contingency operation). The leave taken under subsection (a) must be taken within the twelve-month period beginning with the birth or placement of the child. Additionally, an eligible employee who is the child, spouse, parent, or next of kin of a covered service member may take Military Caregiver Leave, which must be used to care for a covered service member with an injury or illness incurred in line of duty, while on active duty in the Armed Forces, that renders he or she medically unfit to perform the duties of the service member’s office, grade, rank, or rating. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary disability retired list, for a serious injury or illness.(d) He shall be entitled to such other perquisites as may be customarily granted by On Call Staffing Agency LLC to employees of similar rank and position.HEALTH INSURANCE BENEFITSOn Call Staffing Agency LLC will maintain group health and dental insurance coverage, for eligible employees, and during a family and medical leave under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period. Full time employees are eligible for health insurance after the completion of their 90 days probation. Temporary and intermittent employees who work for at least 90 days within a 12-month evaluation period and are paid at least 30 hours per week (or 120 hours per month) are eligible to participate in the health insurance plan. Employees will continue to be responsible for premium co-payments (if any) for their dependents under On Call Staffing Agency LLC’s group health insurance plans. Failure to make timely payment could result in loss of coverage for the dependent.On Call Staffing Agency LLC will provide employees with written notice of the terms and conditions concerning premium copayment during leaves. Should On Call Staffing Agency LLC decide to make general changes in its benefits while an employee is on leave, that employee will be notified as soon as possible. Employees who do not return to work at the end of their family and/or medical leave will be required to reimburse On Call Staffing Agency LLC for all premiums paid on their behalf. 5. Disability Subject to the provisions of paragraph 9, if the Employee's employment is terminated during the Employment Period by reason of his Disability (as defined below), the Employee shall continue to receive an annual salary and benefits in accordance with paragraphs 3(a) and 3(b) through the end of the [number] full calendar month of such disability but not in any event beyond the end of the Employment Period. For purposes of this Agreement the term "Disability" means a physical or mental disability which renders the Employee incapable of performing his duties under this Agreement and which disability has existed for at least [number] months, as determined by an independent physician selected by On Call Staffing Agency LLC and agreed to by the Employee. Any salary payments to the Employee shall be reduced by the amount of any benefits paid for the same period of time under On Call Staffing Agency LLC’s disability insurance programs.6. Competing Businesses During the period of his employment under this Agreement, the Employee shall not be employed by or otherwise engage in or be interested in any business in competition with On Call Staffing Agency LLC , or with any of its subsidiaries or affiliates, except that the Employee's investment in any such business shall not be considered a violation of this paragraph if either (a) the Employee owns less than [number]% of the equity thereof, or (b) such business is not in competition with On Call Staffing Agency LLC .7. Confidentiality During and after the Employment Period, the Employee will not divulge or appropriate to his own use or to the use of others, in competition with On Call Staffing Agency LLC, any secret or confidential information or knowledge pertaining to the business of On Call Staffing Agency LLC, or of any of its subsidiaries, obtained by him in any way while he was employed by On Call Staffing Agency LLC or by any of its subsidiaries.8. Remedies If at any time the Employee violates to a material extent any of the covenants or agreements set forth in paragraphs 5 and 6, On Call Staffing Agency LLC shall have the right to terminate all of its obligations to make further payments under this Agreement. The Employee acknowledges that On Call Staffing Agency LLC would be irreparably injured by a violation of paragraph 5 or 6 and agrees that On Call Staffing Agency LLC shall be entitled to an injunction restraining the Employee from any actual or threatened breach of paragraph 5 or 6 or to any other appropriate equitable remedy without any bond or other security being required.9. Amendment and Termination This Agreement may be amended or cancelled by mutual agreement of the parties without the consent of any other person and, so long as the Employee lives, no person, other than the parties hereto, shall have any rights under or interest in this Agreement or the subject matter hereof The Employment Period shall terminate as of the earliest of:(a) [date];(b) the last day of the month in which the date of the Employee's death occurs; or the date on which On Call Staffing Agency LLC gives notice to the Employee if such termination is for Cause or Disability.(c) For purposes of this Agreement, "Cause" means the Employee's gross misconduct resulting in material damage to On Call Staffing Agency LLC or willful and material breach of this Agreement.10. Notices Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent by registered mail to On Call Staffing Agency LLC at its principal executive offices or to the Employee at the last address filed by him in writing with On Call Staffing Agency LLC, as the case may be.11. Non-Assignment The interests of the Employee under this Agreement are not subject to the claims of his creditors and may not be voluntarily or involuntarily assigned, alienated or encumbered.12. Successors This Agreement shall be binding upon, and inure to the benefit of, On Call Staffing Agency LLC and its successors and assigns and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of On Call Staffing Agency LLC 's assets and business.12. Applicable Law The provisions of this Agreement shall be construed in accordance with the laws of the State of Illinois.13. Counterparts The Agreement may be executed in two or more counterparts, any one of which shall be deemed the original without reference to the others.IN WITNESS WHEREOF, the Employee has hereunto set his hand, and On Call Staffing Agency LLC has caused these presents to be executed in its name and on its behalf, all as of the day and year first above written. [Employee Name]On Call Staffing Agency LLC.By: Its: Duly Authorized RepresentativeAPPENDIX AEmployment ClassificationFull Time: Full time employees generally work at least 40 hours per weekPart Time: Part-time employees generally less than 30 hours a weekIndependent Contractor: An independent contractor is a natural person, business, or corporation that provides services to Compassionate Logistics & Health Care Services under terms specified in a contract.APPENDIX BSALARY SCALESalary ScaleTo ensure internal equity, starting salaries are determined based on the applicant’s prior experience and/or education directly related to the position and intensive and current market salaries.Level A (Minimum)?- The employee has the experience and knowledge to master most of the duties related to the job in an independent manner. Employees whose salary falls under Level A are in the development phase because they are still learning their job. Level A (Minimum) is reflected as 1 year- 2 years of verifiable work experienceLevel B (Midpoint)?- The employee is highly experienced and their level of productivity exceeds the job requirements. ?Employees whose salary falls under Levels B are in the maturity phase because they are mastering their job. Level B (Midpoint is reflected as 2 -5 years’ verifiable work experienceMaximum?- The employee is continuously producing results that are well above the requirements of the job. ?Employees whose salary falls under Maximum are in the leadership phase because they have demonstrated superior leadership skills and a strong commitment to the organization. Maximum is reflected as 5- 10 years of verifiable work experience.RangeJOB CATEGORIESLevel A MinimumLevel B MidpointMaximumRegistered Nurse (RN)$55,000$67,148$81,585Licensed Practical Nurse (LPN)$46,335$50,958$60,000Certified Nursing Assistant (CNA)$31,179$34, 399$38,265Home Health Aide$25,356$28,261$34,761Companion$18,743$24,500$30,258 ................
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