By Ross Graham
January 2016 | 2016 Winter Newsletter
On February 1, 2016, the hourly pay rate for IHSS Independent Care Providers (IPs) in Santa Clara County increased to $13.00 per hour. Also starting February 1st, all IHSS care providers will be eligible for overtime pay. The first 40 hours in each workweek will be paid at the new regular rate of $13.00 per hour; any additional hours worked in the same week will be paid at the overtime rate. The workweek is from Sunday through Saturday.
This will not affect your monthly authorized service hours. Each consumer still has the same number of monthly hours, which can be divided among different IPs. However, limits on limits on the amount of overtime a care provider can
be paid still apply. A multi-page document explaining the rules regarding overtime pay was recently mailed to all consumers and care providers.
Help is available to assist you and your IP(s) to understand and adhere to these new rules. A summary of the important changes that may affect you:
- You will have a grace period of three months to learn the new overtime rules, allowing you time to adapt to these changes.
- Starting May 1, 2016, the new rules regarding overtime pay must be followed and will be enforced.
- In February, important information was mailed regarding your number of hours, workweek agreement forms, and scheduling instructions. This will also help IPs plan their hours and divide time among consumers.
- Because overtime is paid based on how many hours are worked in one workweek, every IHSS case will now have a “Maximum Weekly Hours” guideline number. This number will help you plan a work schedule with your provider(s). The Maximum Weekly Hours is simply your monthly hours divided by four
- The limits on IP pay depend on how many consumers each IP works for. If an IP works for more than one consumer, then that provider will have a new limit. In the case of multiple clients, the IP cannot be paid more than 66 hours per workweek. You will need to prepare a work schedule with your provider(s), and stay within the 66 hour limit.
- Check your personal information (which was provided to you by mail), including your specific case information.
- Some providers will need to reduce the total number of hours worked – based on the new 66 hour limit– and may not be available to work as many hours for you.
- If your IP is not available for the hours you request due to the new 66 hour workweek limit, you will need to hire one or more additional providers to meet your needs. Remember that the 66 hour workweek limit only applies
- If your provider works only for you, (not for any other IHSS consumers) the limit on their pay each week is equal to your Maximum Weekly Hours. Your provider can work the number of Maximum Weekly Hours you are entitled to.
- As detailed in the documents mailed by the state, these changes allow you the continued flexibility to adjust your IP’s work schedule from week to week, based on your needs.
- You will need approval from the County in order for your IP to work additional overtime hours. As usual, you must never authorize more hours for your IP(s) than your Maximum Monthly Hours allow.
Please check your mail for more information about these changes regarding pay and scheduling, or review the “Additional Resources” inset.
Additional Resources:
- Watch your mail for more training information
- Visit our website at pascc.org/overtime
- Email your specific questions to info@pascc.org
- Contact a Public Authority Services Registry Specialist at (408) 350-3251
On February 1, 2016, the hourly pay rate for IHSS Independent Care Providers (IPs) in Santa Clara County increased to $13.00 per hour. Also starting February 1st, all IHSS care providers will be eligible for overtime pay. The first 40 hours in each workweek will be paid at the new regular rate of $13.00 per hour; any additional hours worked in the same week will be paid at the overtime rate. The workweek is from Sunday through Saturday.
This will not affect your monthly authorized service hours. Each consumer still has the same number of monthly hours, which can be divided among different IPs. However, limits on limits on the amount of overtime a care provider can be paid still apply. A multi-page document explaining the rules regarding overtime pay was recently mailed to all consumers and care providers.
Help is available to assist you and your IP(s) to understand and adhere to these new rules. A summary of the important changes that may affect you:
- You will have a grace period of three months to learn the new overtime rules, allowing you time to adapt to these changes.
- Starting May 1, 2016, the new rules regarding overtime pay must be followed and will be enforced.
- In February, important information was mailed regarding your number of hours, workweek agreement forms, and scheduling instructions. This will also help IPs plan their hours and divide time among consumers.
- Because overtime is paid based on how many hours are worked in one workweek, every IHSS case will now have a “Maximum Weekly Hours” guideline number. This number will help you plan a work schedule with your provider(s). The Maximum Weekly Hours is simply your monthly hours divided by four
- The limits on IP pay depend on how many consumers each IP works for. If an IP works for more than one consumer, then that provider will have a new limit. In the case of multiple clients, the IP cannot be paid more than 66 hours per workweek. You will need to prepare a work schedule with your provider(s), and stay within the 66 hour limit.
- Check your personal information (which was provided to you by mail), including your specific case information.
- Some providers will need to reduce the total number of hours worked – based on the new 66 hour limit– and may not be available to work as many hours for you.
- If your IP is not available for the hours you request due to the new 66 hour workweek limit, you will need to hire one or more additional providers to meet your needs. Remember that the 66 hour workweek limit only applies
- If your provider works only for you, (not for any other IHSS consumers) the limit on their pay each week is equal to your Maximum Weekly Hours. Your provider can work the number of Maximum Weekly Hours you are entitled to.
- As detailed in the documents mailed by the state, these changes allow you the continued flexibility to adjust your IP’s work schedule from week to week, based on your needs.
- You will need approval from the County in order for your IP to work additional overtime hours. As usual, you must never authorize more hours for your IP(s) than your Maximum Monthly Hours allow.
Please check your mail for more information about these changes regarding pay and scheduling, or review the “Additional Resources” inset.
Additional Resources:
-
Watch your mail for more training information
- Visit our website at pascc.org/overtime
- Email your specific questions to info@pascc.org
- Contact a Public Authority Services Registry Specialist at (408) 350-3251

