By Shannin Prather
April 2016 | 2016 Spring Newsletter
IHSS Independent Care Providers (IPs) are now eligible to receive pay for overtime and travel time. The changes in the rules of overtime took effect on February 1, 2016. IPs and consumers must adhere to overtime pay rules in order to avoid violations and potential negative consequences. IHSS consumers should be aware of the overtime rules in order to avoid inadvertently causing a violation for their providers.
Help your IPs avoid these four actions that can cause an IP to receive a violation:
- Working more than 40 hours in a workweek for a consumer who is authorized for less than 40 maximum weekly hours. This is called “unauthorized overtime.” No hours in excess of the 40 hour workweek are allowed to be worked in this instance. A workweek constitutes the hours between 12:00 a.m. on Sunday and 11:59 p.m. on the following Saturday. If you are authorized for 160 hours per month or less, your case is not authorized for overtime. In this case, your IP cannot work over 40 hours in a workweek. Exception: In an urgent situation, you may get approval from IHSS for a one-time exception granting additional hours.
- Working more overtime hours in a month than a consumer has been authorized. Consumers authorized for more than 160 hours monthly have a pre-authorized amount of overtime. These hours can be claimed by their IPs. Overtime hours can be split up between the weeks in each month, however the consumer sees fit. However, it is important that a consumer never ask an IP to work more overtime than has been pre-approved for the month.
- Working more than 66 hours in a workweek if the IP works for two or more consumers. IPs employed by more than one IHSS consumer are limited to a maximum of 66 hours in one workweek. When consumers ask an IP to work additional hours during a workweek, it is important to be aware of the impact this could have on other consumers. This request may result in a reduction of hours for another consumer, in order to avoid a violation.
- Claiming more than seven hours of travel time in a workweek. IPs can now be compensated for travel time. This is the amount of time it takes to travel from one consumer directly to another consumer, on the same day. Travel time is limited to a maximum of 7 hours per workweek.
- If you have an urgent, sudden, and unexpected need that requires additional time from your IP, and you cannot wait for a back-up IP without putting your health in danger, you may request a one-time exception from IHSS. This exception will grant additional overtime hours in one week, allowing your IP more time to stay and assist you. Requests for additional overtime hours in this case should be made before the IP works the extra hours, or as soon as possible afterwards.
For more information on overtime rules, please visit the Public Authority Services website: pascc.org/overtime-information or contact the Public Authority Training Department: (408) 350-3220.
To request an overtime exception contact the IHSS Overtime Hotline: (408) 792-1600, choose your language option, choose 1 for recipient, and then choose option 3.
IHSS Independent Care Providers (IPs) are now eligible to receive pay for overtime and travel time. The changes in the rules of overtime took effect on February 1, 2016. IPs and consumers must adhere to overtime pay rules in order to avoid violations and potential negative consequences. IHSS consumers should be aware of the overtime rules in order to avoid inadvertently causing a violation for their providers.
Help your IPs avoid these four actions that can cause an IP to receive a violation:
- Working more than 40 hours in a workweek for a consumer who is authorized for less than 40 maximum weekly hours. This is called “unauthorized overtime.” No hours in excess of the 40 hour workweek are allowed to be worked in this instance. A workweek constitutes the hours between 12:00 a.m. on Sunday and 11:59 p.m. on the following Saturday. If you are authorized for 160 hours per month or less, your case is not authorized for overtime. In this case, your IP cannot work over 40 hours in a workweek. Exception: In an urgent situation, you may get approval from IHSS for a one-time exception granting additional hours.
- Working more overtime hours in a month than a consumer has been authorized. Consumers authorized for more than 160 hours monthly have a pre-authorized amount of overtime. These hours can be claimed by their IPs. Overtime hours can be split up between the weeks in each month, however the consumer sees fit. However, it is important that a consumer never ask an IP to work more overtime than has been pre-approved for the month.
- Working more than 66 hours in a workweek if the IP works for two or more consumers. IPs employed by more than one IHSS consumer are limited to a maximum of 66 hours in one workweek. When consumers ask an IP to work additional hours during a workweek, it is important to be aware of the impact this could have on other consumers. This request may result in a reduction of hours for another consumer, in order to avoid a violation.
- Claiming more than seven hours of travel time in a workweek. IPs can now be compensated for travel time. This is the amount of time it takes to travel from one consumer directly to another consumer, on the same day. Travel time is limited to a maximum of 7 hours per workweek.
- If you have an urgent, sudden, and unexpected need that requires additional time from your IP, and you cannot wait for a back-up IP without putting your health in danger, you may request a one-time exception from IHSS. This exception will grant additional overtime hours in one week, allowing your IP more time to stay and assist you. Requests for additional overtime hours in this case should be made before the IP works the extra hours, or as soon as possible afterwards.
For more information on overtime rules, please visit the Public Authority Services website: pascc.org/overtime-information or contact the Public Authority Training Department: (408) 350-3220.
To request an overtime exception contact the IHSS Overtime Hotline: (408) 792-1600, choose your language option, choose 1 for recipient, and then choose option 3.