between the Employee and the Employer to conform to the work requirements of the Employer. Approval for vacation time shall not be unreasonably withheld. 10.5 No vacation benefits shall accrue to the Employee during an unpaid leave of absence. 11. SICK LEAVE 11.1 An Employee absent due to sickness or disability shall notify the Employer, or in his/her absence, a member of Employer's family or staff, of his/her inability to report to work and shall, at the time of notification, endeavour to find a replacement for him/herself, and shall indicate the probable duration of the absence. There is no benefit of payment for sick time. 11.2 Notification of absence must be made by the Employee with due consideration to the vulnerable and dependent situation of the Employer with regard to physical assistance from the Employee unless the nature of the sickness or disability makes this impossible and this can be corroborated to the satisfaction of the Employer. 11.3 The Employer shall have the right to require medical evidence, satisfactory to the Employer, for the purpose of verification of absence due to sickness or disability or for the purpose of determining fitness or unfitness for work. 12. PERSONNEL RECORDS 12.1 A personnel file for the Employee shall be kept in the office of the Employer. The file shall contain the following: a. copies of all letters of agreement and contracts between the Employer and the Employee and the attached schedules; b. time sheets and time records; c. payroll information; d. termination and other notices; and e. any other information respecting employment and performance. 13. AMENDMENT 13.1 The terms and conditions of this Agreement may be amended at any time only by the mutual written agreement of the parties hereto. 14. ENTIRE AGREEMENT This Agreement shall comprise the entire agreement and understanding between the Employer and the Employee with respect to the subject matter in this Agreement and supersedes any prior agreement, representation or understanding with respect thereto. 15. SEVERABILITY Each covenant and provision contained in this Agreement shall be severable, separate and distinct and the unenforceability in whole or in part of any covenant or provision of this Agreement shall be deemed not affect or impair the validity or enforceability of any other covenant or provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. SIGNED, SEALED AND DELIVERED in the presence of ______________________________ Witness ) ) ) ) ) __________________________ EMPLOYER SIGNED, SEALED AND DELIVERED in the presence of ______________________________ Witness ) ) ) ) ) __________________________ EMPLOYEE The Employee acknowledges that (s)he has read and understands the foregoing and that the Employer has advised him / her that the foregoing substantially alters, removes, supplants and supersedes his common law rights. The Employee acknowledges that the Employer has referred him specifically to Article 7 and has advised him to seek independent legal advice prior to executing this Agreement. SIGNED, SEALED AND DELIVERED in the presence of ______________________________ Witness ) ) ) ) ) __________________________ EMPLOYER APPENDIX "1" - ATTENDANT JOB DESCRIPTION Purpose: To assist the Employer, who has a physical disability, with attendant services. Accountability: The Employer. Requirements: 1. Willingness to perform personal and household tasks. 2. Physical ability to lift and transfer the Employer. 3. Punctuality, reliability and dependability. 4. Ability to work cooperatively with the Employer, other members of the household, and with other employees. 5. Good communication skills, both oral and written, and ability to accurately follow directions from the Employer. 6. Ability to maintain confidentiality and to be worthy of the trust required to provide personal services in the Employer's own home. Duties: 1. Provide services as required and directed by the Employer, including, but not limited to, the following: (a) Mobility assistance with transferring, lifting, positioning, turning in bed, exercising, driving; (b) Assistance with dressing and undressing, eating, medications, special equipment, toileting or bowel and bladder routines, catheterization, colostomy or ileostomy care, maintenance of a tracheotomy and respiratory equipment; (c) Personal hygiene assistance with washing, bathing, showering, shaving, brushing teeth, grooming, feminine hygiene, care of skin, changing non-sterile dressings; (d) Assistance with communications, errands, escorting, shopping, banking; (e) Housekeeping assistance with meal preparation, dish washing, laundry, shopping and chores, including but not limited to dusting, vacuuming, washing floors, changing sheets, and cleaning the fridge, stove, bathroom, closets, drawers and cupboards; (f) Assistance with maintaining and ordering supplies; (g) Maintenance and upkeep for personal and household equipment and appliances; (h) Nurturing assistance with the physical requirements of parenting; (i) Other similar tasks that would be performed by oneself from time to time were it not for a physical disability. 2. Provide services in the home and elsewhere, consistent with the Employer's choices, lifestyle and privacy. 3. Respond immediately to emergencies, e.g. washroom assistance or injury, and advise the Employer of other unusual or emergency situations. 4. Be aware of and report any hazards concerning employee health and safety to the Employer promptly. 5. Record the date and time starting and ending each shift. 6. Ensure that keys entrusted to you are kept secure and at hand. 7. Perform other duties as requested. Expectations: 1. To carry out the above duties in a professional manner. 2. To know the Employer's personal routines and follow them efficiently and with appropriate care. 3. To arrive for work punctually and to remain on duty until essential activities have been completed and the Employer is comfortable and safe. 4. To conduct yourself in a manner consistent with the health and safety of the Employer, other members of the household, other staff and yourself. 5. To be able to perform certain tasks without direct supervision. 6. To dress in a clean and presentable manner. You are required to prepare employee agreement keeping the following points and a sample employee agreement is attached for your reference: Rubric Points: JOB DESCRIPTION 2 TERM & REMUNERATION 1 PROBATION AND PERFORMANCE EVALUATIONS 2 PERFORMANCE AND SUPERVISION 1 CONFIDENTIALITY & TERMINATION 1 HOURS OF WORK, HOLIDAYS & VACATION 1 SICK LEAVE, PERSONAL RECORDS, AMENDMENT 1 ENTIRE AGREEMENT, SEVERABILITY 1 Total Marks 10