Frequently Asked Questions…

 

We have compiled a list of questions most frequently asked by home care providers below. UDW serves many different counties and circumstances are sometimes different for each county. If you have questions that are not answered here, check the page for Your County. The county pages have news and information about negotiations or contracts in your county. You may also contact your local UDW office or your UDW member hotline.

If you need specific answers to questions about client eligibility, IHSS assessments, or IHSS program rules go to our IHSS Program Advocacy Pages.

For more detailed information on recent state budget actions that affect IHSS, go to our State Budget Page

 

Budget cuts and IHSS Background Checks

IHSS in the News

Wages

Medical Benefits

Unions

Union Dues & Fees

Hours

Timecards

How will budget cuts impact my client’s IHSS and my job?

In mid January 2012, we won a court ruling that – for the time being – has stopped a 20 percent across-the-board cut in In-Home Supportive Services (IHSS) hours.  A judge ruled that the 20 percent cuts would have reduced IHSS service hours to an unacceptable level, harming tens of thousands of individuals with disabilities and seniors.  The lawsuit is still winding its way through the court system, and while we are optimistic, we are advising providers to make sure their clients are educated and prepared to fight back using Supplemental Care Applications. 

The 2010 budget included a cut to IHSS consumer hours of 3.6% that was enacted on Feb 1, 2011.  This was a one-time reduction and is scheduled to “sunset” (meaning the reduction will end and hours should be restored) on June 30, 2012. 

More information on IHSS reductions:

 

I have read about IHSS fraud in the papers. Is it true there is a lot of fraud in the program?

No, it is not true. The Schwarzenegger administration used these allegations in order to justify cuts to the program. The County Welfare Association of California has made the following statement: “According to 2007-08 results of state/county QA efforts, of the nearly 24,000 total cases reviewed, only 523 were referred for further investigation for potential fraud – just 2%.  County data of actual fraud referrals shows even fewer potentially fraudulent cases, including Los Angeles County with less than 1% of cases over a three-year period referred for fraud.” 
Read Report

 

Why do some workers in California make higher wages than others?

Some counties have been represented by a union longer than others, and have negotiated more than one contract.  Each contract negotiated by your union usually builds on the previous one, making incremental gains in wages and benefits.  Also some counties have a higher or lower cost of living, and greater or fewer county resources. Some County Supervisors (the elected officials that control providers’ wages at the county level) are also more conservative than others, and tougher to bargain with — these are additional factors that affect how much you earn in your county.

For counties represented by UDW, you can get more detailed information on wages & benefits by going to your county (on the “Counties” menu) or at the All Counties Map.   That page shows all California counties and which union has jurisdiction in that county   Click on the county for more information.

To learn more about how UDW negotiates, and how you can contribute in this process, see: 

 

Who pays my wages?

Your client is called your employer, and he/she has the authority to hire or fire a worker.  However the IHSS Public Authority is your legal “Employer of Record.”  Your client does not pay your wages (unless they have a “share of cost”).

The IHSS program pays for wages, and the money comes from three sources; County, State, and Federal.

The IHSS program is administered by the county, and your UDW Care Providers Union must negotiate with the county for increased wages and benefits.   However the In Home Supportive Services (IHSS) program is run by the county because State law says they have to do it.

In fact around 40% of the wages for home care providers comes from the State treasury and 60% of the money for your wages comes from the federal government. The county pays about 20% of the cost at first, but the county is supposed to be paid back their share later, out of state sales tax revenue. Delays in this pay-back (called “re-alignment”) and other political forces, make counties cautious about granting wage increases.

Counties depend on state and federal funding for your wages. That money comes only as long as the politicians in Sacramento agree that “home care” is something they should spend tax money on.

Also see: 
Your County Board of Supervisors  
Understanding UDW’s work in Sacramento

 

How can I get higher wages?

Right now, the key to wages are at the state level; legislators voting on the state budget that includes IHSS have voted in wage reductions and unions have challenged the legality of those changes, taking the case to court.  See State Budget page for more information.

Higher wages and medical benefits are a result of union representation, together with the actions of home care workers who are willing to get involved. Counties that do not have union representation only give their workers minimum wage or a small adjustment for cost of living per hour and no medical benefits.

It is the number of union members in your county that gives you real power when it comes to negotiating for higher wages and benefits. Many workers think that if they are represented by a union that automatically makes them a member but it does not. You must sign a membership card to join your union, and it is the number of members that gives the union power in their negotiations with the county.

The IHSS program is administered by the county, and the UDW Care Providers Union must negotiate with the county for increased wages and benefits. Counties depend on state and federal funding for your wages.

Your union cannot bargain for higher wages and benefits without the help of home care workers.

Because home care workers can not strike (and your union would never ask you to strike), your power comes from your collective voices (as voters) being heard and represented to the elected officials that make the funding decisions – both in Sacramento, and at the County level.

To get higher wages you must be a member, and support your union in the bargaining process. You can contribute a lot or a little. Everything helps – even writing a letter.

How to TAKE ACTION

Also see: 
Your County Board of Supervisors  
Understanding UDW’s work in Sacramento

 

My county has medical coverage, but I didn’t enroll when I got the forms in the mail. Can I still get medical coverage?

You can usually still get medical coverage but sometimes you must wait for the next “enrollment period.”  There are a minimum number of hours you must work each month to qualify. In some counties there is a waiting list due to limited funding for medical benefits. To find out the exact requirement for your county and to get the forms, contact your local UDW office or your local IHSS office. Find those offices on Your County page.

 

I am short of the minimum hourly requirement for medical benefits. What can I do?

To get coverage through IHSS you must increase the number of hours you work. Do this by adding another client (How do I find a client?)

UDW offers Dental Benefits to all members regardless of how many hours you work. Information on Dental Benefits.

 

Why do I need union representation?

Before union representation, home care providers had minimum wage and no medical benefits. Equally important, without a union to represent workers job security is at stake. Home care workers are vulnerable to having their jobs eliminated if the programs that support them are cut.

As individuals, IHSS workers would not be able to represent themselves the way that UDW does when they speak for thousands and thousands of home care workers, and thousands and thousands of their clients. As a group we can have a lot of influence because many of us are going to vote at election time. Do you feel that tax dollars should support the IHSS program? How do you ensure that your opinion is heard by the people who make these decisions? Without your union representing home care workers in Sacramento and Washington, D.C., politicians could cancel this program overnight, and UDW is working hard to make sure that doesn’t happen.

Home care is work, not welfare, but unfortunately many policy makers do not recognize this. Without union representation, home care workers are treated like welfare recipients instead of like workers. UDW meets with your representatives in Sacramento – Democrats, Republicans and Independents – to convince them this is a good program and they should continue to pay for it with federal and state tax dollars, in good times and in bad times.

Also see: Understanding UDW’s work in Sacramento
One on One with Barbara Ehrenreich (On the historical role of unions)

 

Is UDW Care Providers Union similar to other unions?

UDW is a uniquely different union for several reasons:

  • UDW exclusively represents home care workers. UDW was the first union to represent home care workers, even when other unions thought is wasn’t possible.
  • Home care workers are paid through government programs, not private companies. UDW must therefore be able to negotiate with the legislators that fund these programs – federal, state, and county – not just one employer.
  • While many traditional unions only support Democrats, UDW is unique in the ability to build bridges, develop relationships, and work with any politician that will help home care workers whether Republican or Democrat. This is important because home care workers are a broad-based and diverse group of people, and the funding of their work must come from many different sources.
  • Other unions use the threat of strike to get better wages. UDW is a non-striking union. We are concerned about the client/recipients of home care and would never ask home care workers to strike, which would put their clients in jeopardy. Our contracts even have ‘no-strike” language. Instead of striking, UDW communicates with political leaders, hires budget consultants, and writes legislation to help home care workers.
  • Most union members go to work at a central location — at UDW our members mostly work at their client’s home. This isolation inherent to home care work, is one of the unique challenges UDW faces in communicating with their members and representing them.

 

Will the union ever ask me to go on strike?

No. UDW would never ask home care workers to strike for more money – in fact, it is outlawed in our constitution. UDW works very hard to get home care workers the recognition they deserve, and a wage that reflects that value, but they are also concerned with the needs of the client (the recipient of home-care). UDW must, and does find other ways to represent workers – never by calling for a strike.

Instead of striking, UDW communicates with political leaders, hires budget consultants, and writes legislation to help home care workers. Then UDW goes out and finds politicians who will sponsor that legislation and get it passed . Often it is necessary to demonstrate or hold large rallies in order to get the attention of government leaders, but we never call for a strike.

 

How do I know if I am a union member?

You need to sign an authorization for membership card. Paying union dues does NOT automatically make you a member. Contact your local UDW Office to find out if you are a member or to get a card. You can also print out a card and mail it in.

Being a member costs no more than not being a member. Being a union member also has many benefits. It means:

  • You get a membership card
  • Become eligible for our statewide Dental Plan
  • You can participate in contract ratifications (voting on contracts negotiated for your county)
  • Vote in National Executive Board elections (the people who administrate your union)
  • Nominate someone for office in the union, or run for office
  • Receive special member benefits from our affiliate union, AFSCME

 

What if I don’t want to be a union member?

You may choose not to be a union member.

Workers who choose not to become union members still must pay the same dues and fees for the cost of representation but may not participate in the running of the Union, including voting on union contracts (see above).

Workers who do not support the Union’s political and organizing activities (conscientious objectors), must still pay their “fair share” of the Union’s expenses in representing them.

 

Why are my union fees different this month than last month?

Dues are based on hours paid – that means the hours that are authorized to the consumer through IHSS.  It’s important that providers & consumers discuss the authorized hours so that providers do not work hours they aren’t paid for.   Dues are deducted by the state payroll computers, and the process is usually about three months behind your actual paid hours. If you had an increase or decrease in your paid hours which will effect your dues, that dues change will not show for several paychecks.

Other reasons that may cause your dues to vary, are when initiation fees are being deducted. For a complete explanation of dues see:

Current Rates
Initiation fee
Itemized Pay Stubs

Also see: Time Cards 

 

What are my dues used for?

  • To fight IHSS program cuts in Sacramento and sponsor legislation to help home care workers: We organize rallies, meetings and vigils and bring people to Sacramento to testify on behalf of home care workers and the IHSS program. We do NOT use your dues to contribute to the campaigns of particular legislators.
  • To pay for the cost of representing more than 65,000 home care workers throughout California: UDW pays about $8.00 a month for every union member, (even those members who only pay UDW dues of $10.30 a month) to be part of a bigger national union that represents millions and millions of workers. Our national union, AFSCME, is headquartered in Washington, D.C. AFSCME represents millions of voters, so it has influence with the federal government. AFSCME works to insure that the federal government keeps sending money to California to help pay for the wages we get for providing in home supportive services.
  • To secure better wages and benefits in new contracts and renegotiated contracts: UDW pays for negotiators and support staff to bargain for new and better contracts.
  • To organize new members and keep current members active so UDW can remain strong and grow: Without an active membership, UDW would not have the “clout” to advocate effectively for home care providers with county, state, and federal politicians. It takes resources to inform our membership about current issues, send out mailers, call members on the phone, and hold meetings to recruit new members and ask current providers to participate in our campaigns. It is the fact that we represent thousands of registered voters that gives UDW power with legislators.
  • To advocate for IHSS consumers who need their hours reinstated or increased.

Also see: How the state budget impacts IHSS (Why you need us in Sacramento)
How an IHSS recipient feels about union dues

 

My client doesn’t get enough hours for his/her care. How can my client get more hours?

Your county social worker makes an assessment of your client’s hours (usually during a yearly evaluation). You may appeal this evaluation when it is made, or ask for an increase in hours even when there has been no recent evaluation by the county. You may NOT appeal a cut to the consumer’s hours that is based on a state budget reduction. 

In order to ask for more hours you usually keep a diary of your activities (every thing you do for your client and how long it takes) for a period of a week to ten days. You also get documentation from the client’s doctor confirming their medical condition and the requirement for services (help). For complete information on this process see detailed information on our IHSS Program Advocacy Page .

If your client can not be left alone safely (without supervision) then he/she may be entitled to more hours for “protective supervision.” Refer to the above resources for rules about this.

If you or your client have tried to request more hours and the county has denied the request, you may ask for a Fair Hearing. You may also contact your local UDW office and ask for someone to help you.

Also see “How can I get hours reinstated that were taken away from my client?” below.

 

How can I get hours reinstated that were taken away from my client?

If the consumer receives a notice reducing their hours and you think it’s wrong . . . ask for a Fair Hearing! It’s your client’s right. Here’s how:

1. Turn the notice over, and on the right-hand side at the top is a phone number and an address to ask for a hearing. Have your client call or write within 10 days of the date the reduction takes affect.

Your client needs to include his/her name and state identification number and say that she/he wants a fair hearing. Your client should ask for ” Aid Paid Pending” which means their hours will remain at their present level until the hearing has taken place. With Aid Paid Pending even if the judge decides your client’s hours should be reduced, the hours assigned while waiting for the case to be heard will not be considered an overpayment (the client keeps those hours).  Aid Paid pending is usually not automatically granted when you ask for a hearing so the client must be sure to request it either in writing or by phone. If it is a phone call note the date/time and who the person was that took the call. If it is a written request, certify the letter so that there is proof it was sent, and when.  Do not send in your client’s only copy of the Notice of Action (NOA).

Call your local UDW office to ask for help if you need it.

 

How do I find a client? Can I get a second client?

Providers may have more than one client. Often clients are found through word of mouth, through family, friends, or neighbors who know someone that needs help. However all Counties also have a “Registry” and can help you find a client. This is a list of workers and clients set up by your IHSS Public Authority. To get the contact information for your local IHSS office, go to the page for Your County. UNder “Resources” yo will find a link that says ”find a client,” or ”Registry.”

 

How do IHSS Consumers find a new or different provider?

Your local IHSS office has a “Registry” for home care workers and clients. This is a list of workers and also of clients. In some counties, homecare providers are trained and have background checks in order to be on the registry.

To get placed on the registry, you should contact your IHSS office and tell them you need a new provider. To find out the address or phone number for your local IHSS office, go to the page for Your County.

At the top of the page for your county there is an index of links for your county page; choose “find a client,” or scroll to the section that talks about the “Registry.”

You may also hire someone that you know like a friend or a relative, or by advertising in your local paper. Once you find someone that person must fill out the qualification paperwork with IHSS. Due to recent changes in state law, this now means having a background check and fingerprinting. The procedure for providers is a little different in different counties. You should contact your local IHSS office to know what paperwork is needed (see above).

 

My last timecard was delayed/lost. Is there some way to get things back on schedule?

Yes. If your time card was delayed or lost you can phone your IHSS payroll department and ask them to send out a replacement timecard. This way you don’t have to wait for your delayed timecard to be processed before the following timecard is sent to you. To find out the address or phone number for your local IHSS payroll/timecard department, go to the page for Your County.

Also see: Time Cards
Lost paychecks (below)

My paycheck didn’t come.  What can I do?

When a paycheck is lost or stolen, you would first inquire through IHSS payroll about whether your check was issued.  Wait for 10 working days from when the check should have come before you inquire, otherwise the information will not yet be in the system.  If the check was issued but you did not get it, first ask for a replacement timecard so your future checks aren’t delayed.  Then you need to report the missing check to the local IHSS office that handles your case  They will help you fill out an affidavit for a replacement to be issued.  Because this process takes time, it is important to get your replacement timecard as soon as possible (see above).

To find the numbers for your local IHSS office, or IHSS payroll, go to your individual County Page

To avoid the problems associated with lost paychecks, home care workers can now arrange to have their pay deposited directly to their bank account. This is something that UDW worked on (literally for years) to make possible.

How to arrange direct deposit

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