Home Attendants and Housekeepers Contract

Home Attendants and Housekeepers Contract

From the Home Care Contract Summary of Selected Articles

No Discrimination

  • Employees may not be discriminated against because of race, color, creed, national origin, sex, age, disability, marital status, sexual orientation or citizenship status.
Seniority
  • Seniority is determined by how long an Employee has continuously worked for an Employer.
  • Seniority is taken into consideration when scheduling annual leave and in the event of layoffs and recall.

Wages

Home Attendant Base Rates of Pay and Per Diem rates are as follows:

Single Client
Employee who has completed fewer than 2,100 hours with an Employer and is working for one client $9.10 per hour
Employee who has completed 2,100 hours or more with an Employer and is working for one client $9.40 per hour
Mutual or Cluster Clients
Employee who is working for two or more clients during the same work hours and has completed fewer than 2,100 hours with an Employer $9.60 per hour
Employee who is working for two or more clients during the same hours and who has completed 2,100 hours or more with an Employer $9.90 per hour

Employees who are paid a Base Rate shall also receive a differential of one dollar and ten cents per hour in addition to their base rate for workers on a weekend day up to a maximum of twelve hours. 32BJ pays an additional one dollar ad twenty-five cents on weekend cases (Saturday to Monday cases).

Employees assigned to clients identified as “sleep-in” cases shall receive a Per Diem rate of pay for each day of work.

The Per Diem Rates are:

Single Client
Employee who has completed fewer than 2100 hours with an Employer and is working for one client Mon. to Fri. - $126.15

Sat. & Sun. - $141.15
Employee who has completed 2,100 hours or more with an Employer and is working for one client Mon. to Fri. - $129.75

Sat. & Sun. - $144.75
Mutual or Cluster Clients
Employee who is working for two or more clients during the same work hours and who has completed fewer than 2,100 hours with an Employer Mon. – Fri. - $132.15

Sat. & Sun. - $147.15
Employee who is working with two or more clients during the same hours and who has completed more than 2,100 hours with an Employer Mon- Fri - $135.15

Sat & Sun - $150.75

Employees who are assigned “sleep-in” cases shall be credited with hours towards annual leave, sick leave, personal day and the 2,100 hour differential based on a twelve hour workday.

Pension Fund

The Employer shall contribute to a joint Labor – Management Pension Fund to provide pension and retirement benefits to Employees. Contributions are made based upon the work hours paid to Employees. The contribution rates are as follows:

For care to one client in one home or to two or more clients in different homes during the same work hours

1199SEIU - 0.175 per hr

32BJ -0.1850

For care to two or more clients during the same work hours in the same home.

1199SEIU - 0.0875 per hr per client

32BJ - 0.0925

Benefit Fund

The Employer shall contribute to a joint Labor-Management Benefit Fund to provide health and welfare benefits for home care employees. The Employer shall contribute to the Benefit Fund based upon the number of work hours paid to Employees. The contribution rates are as followed:

Home Attendant House Keeper
For care to one client in one home or to two or more clients in different homes during the same work hours

1199SEIU - 1.3384

32BJ - 1.3084

1.4484 per hour

1.4184 per hour

For care to two or more clients during the same work hours in the same home

1199SEIU - 0.6692

32BJ -0.6542

0.7242 per hr per client

0.7092 per hr per client

Education Fund

The Employer shall contribute to the 1199 Bill Michelson Education Fund to provide training and education benefits for home care employees. The Employer contributions shall be based upon the number of work hours paid to Employees. The contribution rates are as follows:

For care to one client in one home or to two or more clients in different homes during the same work hours $0.025 per hour
For care to two or more clients during the same work hours in the same home $0.0125 per hour per client

Holidays

  • Employees are eligible for the following holidays:
    • New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day
  • Employees shall be paid for these holidays only when the holiday falls on a day that the Employee is scheduled to work.
  • An Employee must work the scheduled work day before and the scheduled work day after a paid holiday in order to receive holiday pay unless the Employee has scheduled annual leave or is sick.
  • An Employee required to work on a holiday will also receive wages for work actually performed on that holiday. The Employer will choose five of the above holidays as premium pay holidays. The premium pay is time one and one-half the base rate for Employees who are paid at a base rate plus a day's pay. (For 32BJ, the premium pay is time two and one-half the base rate for Employees who are paid at a base rate plus a day's pay.)

The Holiday Per Diem Rates are:

Employee who has completed fewer than 2100 hours and is working for one client

Mon – Fri - $149.97

Sat & Sun. - $169.77

Employee who has completed 2100 hours or more and is working for one client

Mon to Fri - $155.37

Sat & Sun - $175.17

Employee who is working for two or more clients during the same work hours in the same home or in different homes and who has completed fewer than 2100hours

Mon to Fri - $158.97

Sat & Sun - $178.77

Employee who is working for two or more clients during the same work hours in the same or in different homes and who has completed 2100 hours or more

Mon to Fri - $164.37

Sat & Sun - $184.19


Annual Leave

  • Employees shall earn a maximum of ten annual leave days or one hundred twenty hours per year at the rate of one hour of annual leave per twenty-six hours of work, up to a maximum of 2.3 hours per week.
  • Employees who have completed five years of continuous employment with the Employer as of January 1, 1994 will earn annual leave per 17.3 hours of work up to a maximum of 3.45 hours per week. A maximum of fifteen annual leave days or one hundred eighty hours may be earned per year at this rate. (*Only applies to 1199 agencies.)
  • A maximum of five annual leave days or sixty hours may be carried over into the next year.

Personal Day

  • Employees shall earn up to one Personal Day per year at the rate of one hour per 250 hours worked to a maximum of eight hours.
  • A full-time Employee must accrue a Personal Day in a single year. A part-time Employee may earn a Personal Day over a two year period.

Sick Leave

  • Employees may earn up to ten sick leave days or one hundred twenty hours per year at the rate of one hour of sick leave per twenty-six hours of work, up to a maximum of 2.3 hours per week.

Leave of Absence

  • Leave of absence for personal reasons may be granted for up to six months without pay according to the judgment of the Employer.
  • Leaves of absence shall be granted for maternity leave and for military leave according to the appropriate law.
  • Employees are entitled to up to twelve weeks of unpaid leave if they meet the criteria of the Family and Medical Leave Act.
  • Leaves of absence for Union business for up to one year shall be granted to Employees with one or more years of seniority in order to accept a full-time position with the Union.

Jury Duty

  • Employees who are required to serve on jury duty shall receive pay for scheduled work time.
  • Employees shall be paid an amount equal to their base rate of pay or Per Diem rate, for scheduled work time, less their pay for jury duty.

Bereavement

  • Employees may receive three consecutive days off with pay in the event of the death of a father, mother, sister, brother, child, spouse, grandparent or grandchild. 32BJ will receive three unpaid days.

Training Pay, Carfare

  • Employees who are actively working shall be paid for time spent in training programs required by the Employer for the purpose of meeting the minimum training requirements.
  • Employees shall be reimbursed for carfare, up to three standard MTA fares, in the case of a fare required between two clients’ households in the same working day.

Discharge and Penalties

  • If the Union desires to contest a discharge or suspension it shall give written notice to the Employer within five days.

Grievance and Arbitration Procedure

Step 1 – The Employee presents the grievance to his/her supervisor. The supervisor answers the grievance within ten days.

Step 2 – If the matter is not solved in Step 1, it is presented in writing, by the Union, to the Assistant Director for Field Services within ten days after the supervisor’s response to Step 1. The Assistant Director shall answer within ten days.

Step 3 – If the grievance is not settled at Step 2, the Union presents the grievance to the Director within ten days after the Step 2 answer. The Director shall respond within ten days. The Union may submit the matter for final and binding arbitration within twenty-one days of the answer. For 32BJ, the Union may submit the matter for binding and final arbitration within ten days of the answer.

Step 4 – If the grievance is not settled Step 3 the Union may submit the matter for final and binding arbitration within ten days of the answer at Step 3.

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