Important exemption to overtime workweek limit for IHSS providers who also provide Waiver Personal Care Services (WPCS)

UDW continues to urge the state to bring peace of mind to the small number of IHSS providers who would be negatively impacted by the new overtime pay rules and workweek limits. Recently, we announced the categorical exemption, which allows eligible parent and grandparent providers of IHSS to work up to 90 hours per week and still receive overtime pay.

Today, we are happy to share the WPCS exemption policy from the Department of Health Care Services (DHCS). This policy will impact IHSS providers who also provide Waiver Personal Care Services (WPCS).

DHCS may allow you to work up to 12 hours per day or 360 hours per month and receive overtime pay if:

  1. You are a care provider who lives in the same home as the waiver participant – not necessarily a family member; or
  2. You are a care provider who is currently giving care to a waiver participant, and have given the participant care for two or more years without a break; or
  3. DHCS agrees there are no other possible care providers near the waiver participant’s home, and the waiver participant has worked closely with DHCS care managers to try to find more caregivers

Keep in mind:

  • Only one of the eligibility requirements must apply to you for you to be eligible for this exemption.
  • If the WPCS participant for whom you provide care needs a caregiver for more than the maximum 12 hours a day or 360 hours a month, they may need to hire an additional caregiver. If you and the WPCS participant believe hiring an additional caregiver is impossible, please contact the participant’s DHCS care manager to discuss your particular situation.
  • Importantly, if you provide care for a client through both IHSS and WPCS, and you receive the WPCS exemption, you will automatically be exempt from the workweek limit in IHSS.

Waiver participants who qualify for the WPCS overtime exemption should be contacted by their DHCS care manager to further discuss it. However, if the participant does not hear from their DHCS care manager, they should contact them directly. WPCS providers and participants will receive a letter from DHCS with more information on the overtime exemption.

UDW will continue to pressure the state to develop an individual exemption policy for IHSS providers who do not meet this or the categorical exemption criteria, but would benefit from an overtime exemption. We will update you as soon as more information becomes available.

It is important that all IHSS providers understand the new overtime, travel time, and medical accompaniment rules and how they affect both providers and recipients. Training on these new rules will help you avoid penalties, so be on the lookout for training information from your local UDW office, your local Public Authority, and the state.

Check out these Frequently Asked Questions for WPCS Providers and WPCS Clients.

 

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