January 26, 2016
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:
Keep in mind:
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.
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