UDW members elected by their peers to be delegates gathered in San Diego on June 7-9 for our 16th Constitutional Convention. Under a slogan that reflects the work we do and what it takes to do it— “Caregiver Strong”—we set a course for UDW’s future that focuses on protecting IHSS, raising the pay and status of caregivers, and standing up for the values we share as working people.
UDW bylaws call for conventions to be held every three years. At convention, we bring our experiences and our wisdom to the table to report on what we’ve accomplished so far and prepare for the challenges that lay ahead of us.
UDW President Editha Adams shared some of our successes and challenges during her President’s report, including: demanding and getting an audit of the IHSS payroll system, winning the option to use online timesheets, overtime pay and restoration of the seven percent cut to IHSS made during the budget crisis. She also talked about the issues we continue to fight: Federal interference in our program from Medicaid cuts and Electronic Visit Verification (EVV) and our most important issue UDW has and will never stop fighting for: raising caregiver pay.
“As I look back on the last three years, I am both proud of what we’ve done and excited for what we can yet accomplish,” said Adams.
When he addressed the convention, UDW Executive Director Doug Moore urged delegates to look to the bigger issues of social justice if we want to truly better life for ourselves and our families.
“As a union, we have always fought for more than just wages and benefits to better our members’ lives,” said Moore. “We know that helping ourselves, our clients and our families means helping our communities and the people in them. UDW is shaping the future by investing in people, always looking for ways we can lift each other up where others try to keep us down.”
Several special guests joined us to show their support for the work that UDW caregivers do. Assemblymember Shirley Weber, AFSCME International President Lee Saunders, President Pro Tem of the California State Senate Toni Atkins and Executive Director of the Solidarity Center Shawna Bader-Blau all addressed our delegates, offering support and perspective for the work caregivers do at home and in their communities. All speakers expressed gratitude and respect for the work that caregivers do.
“I see compassionate people making it possible for the sick and elderly to live in their own homes with comfort and dignity,” said Bader-Blau as she looked around the room.
For UDW member and convention delegate Maria Vega from Orange County, the convention was a valuable learning opportunity. “You learn more, you get to ask questions—everyone’s so helpful!” she said. Vega, who cares for her mother, said she learned about how the union works and is governed, but also about using new technology tools like the UDW App that help her everyday as a caregiver. And, of course, she learned to stay motivated to protect IHSS and our clients. “You keep fighting,” she said, “and you never give up.”
At convention we also passed several resolutions to help guide our future work (see full list below), and made changes to our constitution.
“I felt so privileged to be able to attend,” said UDW caregiver Denise Justice of Santa Barbara County. “Seeing resolutions being passed was very cool and exciting – it gave me the extra push to get out there and be active. The solidarity and comradery of my brothers and sisters at convention was amazing.”
After two days of hard work, we wrapped up convention with a Saturday night gala. Caregivers, who rarely get a night out, put on our dancing shoes and celebrated all that we accomplished together.
See pictures from the 2018 UDW Convention here.
2018 Convention Resolutions
The state recently announced its plan to offer an option for providers to submit timesheets electronically instead of using the current paper system. Electronic timesheets could help alleviate the stress, headaches, and hardships that come when IHSS providers are forced to wait for late paychecks. A new system could ensure we are paid correctly and on time.
In this proposal, providers would be able to access and submit timesheets using a computer, tablet, or smartphone.
The state plans to first conduct a pilot to test the new electronic system in one or two counties beginning in May 2017. If this pilot is successful, the goal would be to roll out the electronic option to all IHSS caregivers by July 1, 2017.
UDW is working closely with the state as they develop this new process. We want to ensure that electronic timesheets are an improvement over paper timesheets. The best way to do so is to work with caregivers, so UDW will host a small focus group of IHSS providers in early December to test the new technology and give the state feedback.
It’s Labor Day weekend. For many Americans that means a three-day weekend to eat barbecue and enjoy the last days of summer with loved ones, but Labor Day represents a lot more. As we go All In for Care at the bargaining table to win better pay and benefits for caregivers, we should keep in mind the history of the holiday.
Labor Day was created by union members in the late 1800s to recognize the contributions workers have made to building our country, and making it prosperous. Home care workers and other domestic workers have cared for our nation’s seniors and people with disabilities for decades, even centuries. Our work keeps this country moving forward by ensuring that those who need it have access to the quality care they deserve. The care we provide allows people to age with dignity, and allows individuals with disabilities to receive care at home rather than institutions.
It’s important to recognize the achievements and value of workers, but to also remember that some workers, including home care providers remain undervalued and underappreciated. Labor Day became a national holiday in 1896, but IHSS providers still work without paid holidays. And until last year, we’d endured decades of exclusion from the Fair Labor Standards Act, which gave most workers overtime pay benefits almost 80 years ago.
UDW caregiver William Reed from Placer County provides care for his adult son who lives with autism. William recently spoke out about the need to treat IHSS providers with the same respect as other workers. “Our work is real work,” he said. “It’s time to make a change, and start treating the work of all home care providers with dignity and respect.”
It’s true, and UDW caregivers have had to fight for many of the same basic rights most workers enjoy automatically. Whether it’s securing overtime, stopping cuts to the IHSS program, or helping raise the state’s minimum wage; we have proved that when we fight together, we can win!
Marcus Haynes is an IHSS provider in Riverside County. He provides care for his uncle who lives with schizophrenia. Marcus is also a member of the bargaining team that includes other UDW members from Riverside, as well as San Diego and Orange counties. Providers in those counties are currently in contract negotiations with the state in an effort to win better pay and benefits for IHSS providers in all three counties. “Some of us do the same work as nurses, but we don’t make a living wage,” said Marcus. “Bargaining together gives us all a voice in the process to improve our wages.”
Marcus and the bargaining team are fighting for an immediate raise, improved health care, paid sick leave, and vacation time. However, the state continues to devalue our work. The state’s contract proposal includes keeping providers at minimum wage with no raise, and no improvements to our benefits.
We will continue to fight, because we are All In for Care! Whether you are bargaining with the state, or
your county’s public authority, we must all continue to unite together to win more for our families. Darlene Nelson who works as an IHSS provider for her two adult daughters recently spoke out about not settling for low wages and poor benefits at a rally in San Diego. “Our work and our clients’ care is worth far more than the minimum,” she said. “I’m all in for care!”
This Labor Day weekend and beyond, if you are All In for Care, call 1-866-584-5792, and tell your lawmaker to support pay and benefit increases for IHSS providers.
My oldest son Ronald was studying to become a professor when one day he had a catastrophic stroke that left him quadriplegic, non-verbal, and dependent on a feeding tube. After his stroke, he was initially in a nursing home, but I could see it wasn’t good for his health. My family decided the best thing for him was to receive care at home. About eight years ago, I quit my job of 16 years to become Ronald’s full-time home care provider.
All of my money goes to my bills. I don’t have enough to set aside in a savings account. At this point, I just have to hope nothing happens to me. It isn’t easy caring for someone with my son’s needs, but I plan to keep providing him care as long as he needs me. Not only because it is what’s best for him, but also because without Social Security, I can’t afford to retire. Parents and spouses who provide care for their loved ones deserve the same benefits as all other working Americans.
Patricia Kutzer is an IHSS provider for her son Ronald in Madera County. Read more about our fight to win Social Security and Medicare for spouse and parent providers here.
Statement by UDW Executive Director Doug Moore in response to the 2016-17 California state budget:
Today we celebrate another hard-won victory for California home care providers and recipients. The state budget, signed into law by Governor Brown yesterday, is a testament to the work of the UDW caregivers who have advocated for years to protect the home care program in California. These providers have worked tirelessly to demand dignity for their profession, and respect for the seniors and people with disabilities who rely on their care.
The budget fully funds the In-Home Supportive Services (IHSS) program for the next three years, which means IHSS clients will receive all of the necessary hours of care that have been assessed by social workers. Last year, these hours were restored for a one-year period after being cut for the previous four years.
While UDW is thankful to our elected leaders for taking action in this budget, our work is not done.
We will remain diligent in our work to restore IHSS hours permanently, because Californians who rely on care need more than a temporary fix. In-home care allows some of our most vulnerable neighbors and loved ones to remain healthy and safe in their homes. A permanent end to IHSS cuts is necessary to ensure people who need home care services no longer live in fear that their care will be cut or taken away from them.
United Domestic Workers of America (UDW)/AFSCME Local 3930 is a homecare union made up of nearly 94,000 in-home caregivers across the state of California. UDW caregivers provide care through the state’s In-Home Supportive Services program (IHSS), which allows hundreds of thousands of seniors and people with disabilities to stay safe and healthy at home.
When Madera County caregiver Cynthia Wilson’s IHSS paycheck didn’t arrive on time in January, she and her grandson lost their apartment.
Thankfully, they were able to turn to friends and neighbors for help, but since then she has been terrified that another late paycheck or unexpected expense could leave her homeless again. And that worry increases exponentially when Cynthia thinks about retirement, because like many IHSS providers, Cynthia has no retirement benefits or savings.
“I’m 62,” said Cynthia. “If I work until I’m 70, I might get about $1,200 a month from Social Security, but that’s not set in stone either.”
Cynthia shares a worry that many UDW caregivers who are eligible to pay into social security can understand: will it be enough when we retire? “I’m scared that it won’t be, and my grandson and I could end up homeless again,” she said. I’m raising him now, so whatever affects me affects him. If I can’t buy food, he can’t eat. If I can’t pay the electricity bill, he sits in the dark with me.”
If passed by the state legislature and signed into law by the governor, Senate Bill 1234 would implement the California Secure Choice Retirement Savings Program on January 1, 2017. This program would provide workers – including all IHSS providers once it’s determined to be legally permissible under state and federal laws- with the opportunity to contribute a small percentage of their wages towards their own retirement savings account. There will be no employer match but this is an important first step toward easing some of the worries about the future that caregivers like Cynthia live with every day. And IHSS providers are not alone: about 7.5 million workers in California lack access to a retirement savings program, and three out of five families with a head-of-household that is 65 or older have no retirement money saved.
“Being able to actually put money aside for retirement would give me a little extra,” said Cynthia. “I don’t want to have to rely on food stamps and other public assistance. I want to feel secure, and at least able to take care of my basic needs.”
Kady Crick, an IHSS provider from Riverside County, echoed Cynthia’s feelings. “I’ll be 61 this year. I want to know I have a cushion besides Social Security when I retire,” she said. “This program would give my husband and me more comfort for the future, because Social Security may not be enough.”
SB 1234 currently includes IHSS providers, and if we are determined to be eligible for the program, the California Secure Choice Retirement Savings Program will help IHSS caregivers take control of our financial future, so we can retire with dignity.
And we’re still working to secure basic retirement benefits like Social Security and Medicare for parent and spouse IHSS providers. Read more here: http://www.udwa.org/2016/05/help-caregivers-win-social-security-medicare/.
My husband David’s meningitis caused paralysis on the left side of his body and several neurological problems. For a while I was able to continue working my full-time job, and pay into important programs like Social Security and Medicare. But as David’s condition worsened, I had to start reevaluating what was best for our family. David became reliant on a wheelchair seven years ago, and that’s when I knew it was time to change jobs. I left my old job, and became my husband’s full-time home care provider.
When I found out that I was no longer able to pay into Social Security and Medicare, I became really stressed. I hope I worked enough years in other jobs to qualify for some Social Security, but I’m not sure.
I don’t understand how I can work full time, but be denied basic benefits. I can’t and shouldn’t have to leave my current job as my husband’s home care provider just to become eligible for programs other workers qualify for automatically.
Reyna Tellez is an IHSS provider for her husband David in Imperial County. Read more about our fight to win Social Security and Medicare for spouse and parent providers here.
When my daughter Delaina was in second grade, an undiagnosed tumor in her brain hemorrhaged and left her with brain damage. Now, Delaina is 22 years old, and I work as her home care provider. She can understand me, but has behavior issues. Delaina can do basic math and write her name, but it’s hard for her to learn more. She’s also lost her ability to walk or feed herself.
We live month to month, because I don’t make much as Delaina’s full-time home care provider. And if something were to happen to IHSS and I lost my job as her provider, I wouldn’t even qualify for unemployment. In the time it could take me to find a new job, I could lose my home, my car – everything.
I’m 45 now, but I’m concerned about what will happen to me when I get older. Being told I’m not eligible to pay into FICA makes me feel like the quality in-home care I provide isn’t considered real work.
Christine Baur is an IHSS provider for her daughter Delaina in Kern County. Read more about our fight to win Social Security and Medicare for spouse and parent providers here.
My husband Leon is 69 years old and lives with COPD and cirrhosis of the liver. My full-time job since 2000 has been providing him with in-home care, so he can remain in our home where he is happiest and healthiest. I’ve been a home care provider for 16 years, and for 16 years I’ve worried about what would happen if an unexpected tragedy struck my family. One of my biggest fears is my husband passing away. I would be grief stricken, and because I don’t qualify for unemployment, I would also have no financial safety net while I searched for another job.
As I approach my 60s, I’m not able to prepare to retire in the next few years like most people. Instead, I’m constantly worried. I’m worried about how we’re going to live if I’m ever unable to care for Leon. Without the safety net of Social Security, I would no longer be able to contribute to our household expenses. Spouse and parent providers aren’t asking for extra. We just want our work to be treated fairly and with the same dignity and respect other workers receive.
Bernadette Evans is an IHSS provider for her husband Leon in Riverside County. Read more about our fight to win Social Security and Medicare for spouse and parent providers here.
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.
My 39-year-old son Jacob was born with a brainstem defect. He relies on me 24/7 to provide for all of his needs, including bathing, preparing his meals, paramedical care, and exercise. My home care wages are the primary source of income in our home when my husband has trouble getting landscaping work. I’m grateful for the opportunity to work as Jacob’s home care provider, but I’m frustrated that my work is not taken seriously.
Exclusion from Social Security and Medicare is going to hurt my family. At some point, I may not be able to care for Jacob any longer, and I will need to retire. It makes me angry to know that even if I retire from home care, I will likely never be able to stop working. Both my husband and I will have to keep working somehow until our bodies fall apart. We’re in our 60s, and worrying about our financial future has caused me many sleepless nights. All workers, including parent and spouse home care providers, deserve access to Social Security, Medicare, unemployment, and paid family leave benefits.
Roxanne Bender is an IHSS provider for her son Jacob in El Dorado County. Read more about our fight to win Social Security and Medicare for spouse and parent providers here.
Statements of UDW and SEIU
Sacramento, CA — After the release of the Governor’s proposed budget, which makes both restoring IHSS hours and significant re-investment in developmental services contingent on the passage of a renewed Medi-Cal health plan tax, President of SEIU California Laphonza Butler and Executive Director of UDW/AFSCME Local 3930, Doug Moore, made the following statements:
“We appreciate that the Governor’s budget sets the intention of reversing cuts to IHSS and developmental services; however, people with disabilities, seniors, and caregivers are tired of being held hostage as Sacramento bickers about passing renewed taxes. We do need additional, long-term revenues, but using vulnerable Californians’ health and welfare as a bargaining chip is simply not acceptable,” said Doug Moore, President of UDW/AFSCME Local 3930.
“For years, seniors and people with disabilities have borne the brunt of our fiscal crises. Now, we unquestionably have the resources, and we have bipartisan support for providing care to those who need it. It’s long past time to live up to the promise of dignity for all, regardless of age or ability. That includes all of the people who rely on IHSS and developmental services,” said Laphonza Butler, President of SEIU California and SEIU 2015.
UDW/AFSCME Local 3930 and SEIU 2015 together represent 400,000 in-home caregivers in California.