By Ross Graham
October 2016 | 2016 Fall Newsletter
Exceptions to the IHSS overtime pay rules are possible. Under some conditions a consumer can ask the county to allow their provider to be paid more overtime than is usual on their case. Normally, to stay within the overtime limits, your provider does not work more than your “Maximum Weekly Hours,” which are your monthly authorized hours divided by four. However, if an unexpected accident, illness, or some other urgent problem requires extra work right away, exceptions can be requested and approved.
What kind of problem would allow an overtime exception?
It must be something unexpected that you couldn’t plan ahead for.
It must be something that cannot be safely delayed until some other week. It must directly affect the health or safety of the consumer.
If you need an exception to allow your provider to work more overtime than normal contact the county overtime hotline at (408) 792-1600, then press 1 for recipients, then press 3 for overtime. This dedicated hotline is only for overtime questions or for overtime exception requests. Please call to request an overtime exception when you need one. Calling before your provider submits the timesheet that claims the extra overtime is important to avoid violations.
Asking for an overtime exception does not increase the total monthly authorized hours on your case. If the provider is approved to work extra hours one week then they will need to work fewer hours in a later week during the same month to stay within your total monthly hours.
We can help explain the overtime rules to you over the phone, and in-person classes are also available. If you have questions about overtime or overtime exceptions please call Public Authority Training Department at: 408-350-3220.