Although nearly all California workers already get paid time off when they are sick, this basic right has long been denied to IHSS providers. But that is set to change this summer!
Thanks to a historic minimum wage increase law that UDW caregivers helped pass in 2016, IHSS providers will now be able to earn and use paid sick leave hours.
Here’s how it will work:
This is an important change in our working conditions that will help us better take care of ourselves and recover faster when we are sick. And when we are healthy, we are better caregivers!
For more information about the new sick leave rules, visit www.udwa.org.
In 2016, UDW caregivers helped secure a historic minimum wage increase for California workers. After years of telling our stories, rallying and marching with fellow underpaid workers, we urged the state legislature and the governor to agree on a plan to increase the minimum wage to $15 an hour by 2022. In addition to raising wages, the law also guarantees paid sick days for workers – including IHSS providers.
Under the new law, existing providers (those that began working for an IHSS recipient prior July 1, 2018) will earn eight hours, or one day, of paid sick leave after they have worked 100 hours from the implementation date (July 1, 2018). New providers (those who begin working for an IHSS recipient after July 1, 2018) will earn eight hours of paid sick leave after they have worked 100 hours from their initial hire date.
An IHSS provider can use his/her paid sick leave hours after working an additional 200 hours providing services to an IHSS recipient, or 60 calendar days from the date on which the provider earned his/her paid sick leave hours, whichever comes first. The soonest an IHSS provider will be eligible to use their accrued sick time hours is September 2018. To use your sick hours you must submit SOC 2302, located here.
We will begin to accrue sixteen hours, or two days, of paid sick leave for each year starting January 1, 2020. We will start to accrue twenty-four hours, or three days, of paid sick leave for each year on January 1, 2023. These dates are subject to change if the annual minimum wage increase is postponed by our elected leaders for fiscal reasons.
We know providers have questions about how we will use our sick days, and who will care for our clients when we do. We are working closely with the state and the counties to ensure that a good system is put in place in every county to provide clients with backup providers if we need to take any sick leave.
Paid sick leave is a basic right that nearly all Californian already enjoy. After years of demanding equal rights, we have finally been heard. Now that we’ve secured this new benefit, we’re going to work hard to make sure it works for all caregivers and our clients.
UDW caregivers started 2016 off with a bang. In fact, we made history.
On February 1st, for the first time ever, eligible IHSS providers began receiving pay for the hours of overtime we work – a right we fought hard to secure throughout 2015.
Throughout the year, we worked with the state to make sure overtime was a benefit for all providers. With our help, the state developed exemptions to the tough new IHSS overtime and workweek rules that helped prevent unfair disruptions in our clients’ care.
Social Security and unemployment benefits for ALL caregivers
In 2016, we also began our work to win unemployment, Social Security, and Medicare benefits for IHSS providers who care for their spouse or child – an issue that has affected many of us personally, including former IHSS provider Cathyleen Williams from Barstow.
“I was Caleb’s mother, but I was also his home care provider,” wrote Cathyleen in an op-ed in the San Diego Union-Tribune. “Caleb passed away and my job as his home care provider ended, I applied for — and was denied — unemployment.”
With Cathyleen’s and so many other stories to push us, we fought hard to get our sponsored bill, AB 1930, passed through both the Senate and the Assembly. The bill would have convened a committee to look into the financial impact exclusion from basic benefits like unemployment pay has on parent and spouse providers. Although AB 1930 was passed unanimously by the legislature, Governor Brown vetoed it in late September.
“I don’t think I will ever be able to truly put into words the pain of losing a child,” continued Cathyleen. “But I know I want to help lessen this pain for other parent and spouse home care providers who have to navigate the world without their loved one and no social safety net.”
Instead of looking at the veto of AB 1930 as a defeat, UDW caregivers can take solace in the fact that our elected leaders and the public heard us, as we can continue our work to win these benefits in 2017.
$15, paid sick days, and more
In April, we helped win one of the toughest battles facing working people today – the Fight for $15. Because of rallies, marches, lobby visits at the Capitol, demonstrations and more work alongside other low wage workers, our elected leaders agreed to a plan that will raise California’s minimum wage to $15 by 2022 and give IHSS providers paid sick days.
“This a huge victory for all working Californians, but especially IHSS providers,” said UDW President and our fellow home care worker Editha Adams. “We’ve been denied paid sick leave and a livable wage for far too long.”
We celebrated this amazing achievement, but we also used it as a stepping stone. We know the work of IHSS providers is worth far more than minimum wage, which is why UDW caregivers went All In for Care. At the state level in Orange, Riverside, and San Diego counties, and at the county level in other UDW counties, we will continue to demand respect, dignity, as well as fair pay and benefits for our work at the bargaining table.
Cuts to the IHSS program have a direct impact our caregivers and our clients. The 7% cut to our clients’ hours of care was restored for one year in 2015. In 2016, we also lobbied and successfully urged our elected leaders to restore our clients’ hours for another three years.
Your IHSS paycheck
As we all know, the current IHSS payroll system is far from reliable. Early this year, UDW caregivers decided that enough was enough. We’re tired of waiting for late paychecks and timesheets, and we’re tired of not knowing if and when we’ll be able to pay our bills.
In May, we testified at a joint Legislative Audit Committee hearing at the Capitol to ask the legislature to approve an audit of the IHSS payroll system. Claire Kaufman, an IHSS provider for her daughter Katie in El Dorado County, was one of the providers who told her story. “Last November, I submitted my IHSS timesheet for the first 15 days of the month and waited for my paycheck,” said Claire. “I waited days and then weeks, unable to get an answer about the delay.” Claire was finally paid just before Christmas in 2015, but her family had to sacrifice their holidays so that she could catch up on their bills.
The committee approved the audit, and we expect to receive the findings in early 2017. UDW will then use them to create legislation that will address and fix the problems with the payroll system.
We didn’t stop at the audit, though, and throughout the year we continued to urge the state to make improvements. Finally, in October, after a lot of pressure from UDW, the state announced it would offer an electronic timesheet option in 2017.
Election Day 2016
In addition to our UDW fights and victories, we elected a new president in 2016, and despite our feelings – good or bad – about the outcome, President-elect Trump will take office in January. The incoming president, his administration, and the Republican led Congress have all expressed opposition to programs on which IHSS providers, recipients, and working families rely.
The election sets the stage for some major fights in 2017:
House Speaker Paul Ryan has long threatened to cut Medicaid, which provides 55% of the funding for IHSS.
Senate Majority Leader Mitch McConnell said repealing the ACA, which has made an estimated 75,000 UDW caregivers eligible for free or low-cost health coverage, would be “the first item up in the new year.”
The Freedom Foundation
And an anti-home care organization known as the Freedom Foundation has begun targeting UDW caregivers – making themselves a major threat in 2017. The Freedom Foundation tells IHSS providers to quit their union in order to save money. Unfortunately, they don’t tell the full story. As a union, we’ve fought and won big victories, not only this year (see a list of our many victories together here). No one provider could do alone what we do together. The Freedom Foundation wants to weaken strong unions like ours, in order to further their corporate billionaire-backed agenda.
Preparing for 2017
In 2017 we will continue to urge the state to fix the IHSS payroll system once and for all, and we will keep pushing for Social Security, Medicare, and unemployment pay for spouse and parent providers.
It will also be our time to prove that when UDW home care workers stand together, we can fight back against attempts to take our healthcare, weaken IHSS, or weaken us as a union by taking our voice and power. The stakes have never been higher, but we have protected home care and our clients time and time again – if we stand together, next year will be no different.
We look forward to fighting for home care with you in 2017. Happy New Year!
All across this state—from the streets of San Diego to the legislative chambers of Sacramento—home care workers have made our voices heard! For the past year we have rallied and marched alongside thousands of underpaid workers to make one thing clear: no one should have to try to survive on less than $15 per hour in California.
Today, UDW Executive Director Doug Moore stood alongside Governor Jerry Brown as he announced a plan to increase minimum wage to $15 by 2022 and provide IHSS home care workers with paid sick leave for the first time ever.
The announcement comes as we are gearing up for demonstrations throughout the state in April, and days after the California Secretary of State’s office stated that more than 400,000 signatures were collected to place the Fair Wage Act of 2016, a measure that calls for a $15 minimum wage by 2021, on the November ballot.
“This a huge victory for all working Californians, but especially IHSS providers,” said UDW President and home care worker Editha Adams. “We’ve been denied paid sick leave and a livable wage for far too long.”
Last year, we joined together with restaurant workers in April and November for the largest-ever national strikes aimed at increasing the minimum wage. Workers in more than 270 cities, from California to New York, walked off the job and carried out massive protests outside city halls where fast-food, home care, child care, and other workers called on politicians and Big Business to raise pay for America’s most underpaid workers. Our coalition also held wage board hearings where we made our case for why increasing workers’ salaries needs to be a part of the national discussion on ending poverty in our communities. Together, we vowed to take our Fight for $15 to the ballot box to show candidates of all political stripes that the nearly 64 million Americans who make less than $15 can no longer be ignored.
Today’s legislative proposal will extend up to three days of paid sick leave to IHSS home care workers, and increase California’s current minimum wage by one dollar over the next two years, and then by a dollar for each year thereafter until reaching $15 per hour in 2022. Future minimum wage increases would be tied to inflation.
The new minimum wage will have a huge impact on the more than 400,000 IHSS providers statewide who currently earn, on average, just $10.72 an hour.
“We worked hard for this,” said UDW member and home care provider Gabriel Paramo from San Diego. He is one of the tens of thousands who is making just $10 per hour and would see a pay raise as early as 2017. “I have peace of mind knowing that we now have a clear path to $15 per hour.”
But we have more work to do!
Over the next few weeks, UDW members will continue to fight for $15 until this legislation is passed in the legislature and signed by the governor. This Thursday we will gather with thousands of workers from across California in Sacramento in support of minimum wage proposal, and on April 14th, we will participate in a nationwide demonstration calling for $15 and a union for all working Americans.
“This is not just a matter of policy—it’s about doing what’s right,” said UDW Executive Director Doug Moore in an earlier statement. “No Californian who works full-time should be living in poverty.”
To get involved, sign up to become a UDW member today or call your local UDW office.
Get the facts! Read more about this plan here.
FOR IMMEDIATE RELEASE
Monday, March 28, 2016
Contact: Eli Magaña, [email protected], 619-252-0397
Statement from UDW Executive Director Doug Moore on Governor Brown’s proposal to raise the state minimum wage and provide paid sick time to home care workers:
“No Californian who works full-time should be living in poverty. And yet, low-wage workers across the state are struggling to make ends meet. Caregivers for the state’s In-Home Supportive Services program (IHSS) make on average just $10.71 an hour. They work long hours to ensure that seniors and Californians with disabilities get the quality care they need, but at the end of the day many are unable to pay all of their bills and put food on the table for their families—and without paid sick leave, they are often forced to go to work sick, putting their clients and loved ones at risk.
That’s why UDW home care providers have been on the front lines in the Fight for $15 alongside fast food workers, child care providers, janitors, educators, and other underpaid workers.
We urge lawmakers to swiftly pass legislation that will uplift millions of hardworking Californians and their families. Raising the minimum wage to $15 an hour and giving all workers paid sick days is not just a matter of policy—it’s about doing what’s right.”
United Domestic Workers of America (UDW)/AFSCME Local 3930 is a homecare union made up of over 92,000 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.