June 8, 2016
After decades of exclusion from Federal Labor Standards Act (FLSA) protections, home care providers won overtime pay for the first time in history last year. And on February 1st, FLSA benefits began for eligible IHSS providers. Now, many of us are eligible to receive overtime, travel time, and medical wait time pay – great benefits for caregivers and our families. UDW caregivers fought hard to secure these new benefits, and now we’re working to make sure they are implemented fairly.
Throughout the year, UDW members have lobbied and testified to lawmakers at the Capitol about the new program rules, and urged them to ensure they are helpful rather than harmful to providers and our clients. “We fought long and hard for overtime,” UDW member Nelson Retuya from Placer County told lawmakers. “Let’s make sure it works for home care workers and recipients.”
Our goal this year is to urge lawmakers to employ several changes to the new IHSS program rules. The changes will ensure that caregivers are treated fairly, and our home care clients receive care without harmful interruptions.
We’ve asked the legislature to adopt four actions in the Governor’s 2016-17 budget for IHSS:
IHSS program violations are consequences for submitting your IHSS timesheet with hours that exceed overtime or travel time limits. The California Department of Social Services (CDSS) originally announced violations would begin on May 1st. Providers who receive multiple violations risk being terminated from working for the IHSS program. UDW has asked lawmakers to extend the start date to September 1st to give the state time to thoroughly implement all necessary policy changes, and to give providers and clients time to fully understand the new rules, so we can avoid receiving violations.
CDSS should notify eligible IHSS providers about exemptions for which we qualify, and create an appeals process for providers who believe they were incorrectly denied an exemption. Exemptions are important because they ensure that high-need clients or clients with special circumstances can continue to receive all the hours of care they rely on from their home care providers. Read more about exemptions here: http://www.udwa.org/2016/04/exemptions-to-timesheet-weekly-work-limits.
Right now, counties have a five-day review process before they issue an IHSS provider a violation. Counties should have no less than 10 days to review potential violations in order to cut down on the number of providers who receive invalid violations. Remember, violations include penalties that increase in severity all the way up to a one-year termination from the program. This means it is imperative that providers do not receive violations for no reason.
Right now, workweek limits are determined by the number of IHSS clients a provider has, which means providers have different caps on our workweek hours. In order to reduce confusion, UDW caregivers have asked for a 70 hour and 45 minute workweek limit for all providers (with the exception of providers who have received an exemption allowing them to work up to 90 hours per week).
UDW will keep members updated on our work to improve the implementation of our new benefits as the state budget process continues.
Remember, we can familiarize ourselves with the current overtime, travel time, and medical wait time rules by visiting www.udwa.org/timesheets.
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