As they age, your loved one might need help. They might be having trouble keeping up with daily tasks like cooking or cleaning, or they may just need help getting around. And like many people, time or distance might be preventing you from taking care of them yourself.
By visiting daily to offer help and companionship, a professional caregiver can make your loved one’s life easier and more fulfilled. But daily visits might not be practical for their needs or situation.
Perhaps your loved one needs more help than a caregiver can offer during a regular workday, you’d like to know there will always be someone on hand in an emergency or perhaps your loved one lives somewhere that caregivers can’t practically commute to. If so, live-in care may be the answer. With a live-in caregiver, you can rest easy knowing your loved one’s daily needs are met and they won’t be alone in an emergency.
However, New York State law makes hiring private caregivers complicated and risky, and few families are prepared for the hassle that comes with it. By finding a live-in caregiver through a reputable home care agency, you can avoid the management and legal risks that come with hiring private caregivers or utilizing an agency that doesn’t understand the intricacies of live-in care.
What is Live-In Care?
Live-in care is exactly what it sounds like: A caregiver lives in your loved one’s home and helps them with everything from cooking and cleaning to bathing and mobility. Live-in caregivers from a reputable agency also offer your loved one companionship and monitor their condition for signs of change.
They generally stay 3-4 days at a time before switching off with another caregiver.
New York Labor Laws Make Private Caregivers Risky
When they realize their loved one needs help, many people in Westchester County hire a private caregiver because they don’t know what their options are. However, they often soon find themselves with more paperwork and headaches than anticipated.
That’s because hiring a private caregiver makes them your employee, and having employees is complicated—especially in New York State.
New York State has an intricate network of labor laws that are hard to navigate. Those laws strictly limit work hours and mandate employee breaks, and they hold the employer responsible for nearly any violation.
In recent years, the state has been aggressively enforcing its labor laws against the employers of in-home caregivers. If your loved one’s caregiver works too long without a required break—even if you didn’t ask them to—you could be held liable. And few families can afford the resulting fines.
In addition, few people who hire a private caregiver realize how much management and paperwork it involves. It’s rarely a good idea to hire just one caregiver—you’ll want at least one more available to prevent burnout and cover in emergencies. You’ll need to keep them on a rotating shift schedule, which creates more management. And every quarter, you’ll need to calculate and report things like pay, tax withholdings and overtime to the IRS for each caregiver you employ.
Most people who hire private caregivers think it’ll be simple. They’re rarely prepared for the legal risk, management and paperwork that comes with it.
Let a Home Care Agency Handle the Management
Instead of worrying about legal challenges from the state or the fees from the IRS, let a reputable home care agency handle the management. Licensed agencies in New York train their caregivers to follow all relevant laws and maintain strong compliance procedures to prevent any violations.
If a violation does occur, working with an agency protects you from legal trouble. As the caregiver’s employer, they’re liable for any infringements on state labor law—and you’re not.
New York State Defines Caregiver Responsibilities
Many people assume live-in caregivers can handle anything and everything, but they have limitations. They can’t offer medical services of any kind. They don’t work during rest and meal times, though they’re still available for emergencies.
In addition, if a private caregiver performs duties that are outside of their allowed scope or training and is injured, you could be liable for workers’ compensation.
An Agency Can Define Caregivers’ Boundaries
A trustworthy home care agency will make it clear to everyone involved what a caregiver can and can’t do. That way you’ll know which services not to request, and they’ll know which ones not to perform. And if a violation does occur, the agency will be liable.
This doesn’t just protect you from legal exposure. It also ensures higher-quality care by limiting caregivers to tasks that they’re experts at.
How Can I Find the Best Live-In Care in New York State?
Finding the best care for your loved one is about managing risks, whether those risks are physical or legal. You need to find the best way to keep your loved one safe, to provide for their health, comfort and happiness, and to gain peace of mind for yourself. And you need to do it all within the confines of New York State law.
In-home caregiving from FirstLight Home Care of Bronxville may be the answer. We keep all our caregivers and clients informed about state labor laws so there’s no confusion about what caregivers can and can’t do. We support them with a team of other caregivers, care coordinators and supervising nurses who work together to help your loved one age in grace and comfort. And we protect you from liability for any labor violations that may occur.
To see if in-home care might be right for your loved one, contact us today.
