Payroll Assistance

Beginning July 1, 2018 the new IHSS Paid Sick Leave Program is available for current, active IHSS program providers.

Documents

• Sick Leave - Step by Step on ESP
• Sample Sick Leave Pay Stub (PDF)
• Sick Leave Claim Form (PDF)
• Sick Leave Information Mailer for Providers (PDF) (Form mailed to providers June 2018)

Videos

• Introduction to Paid Sick Leave for Providers
• Requesting Paid Sick Leave for Providers on ESP

Videos

• Fair Labor Standards Act (FLSA) New Program Requirements

Documents

• FLSA FAQS (PDF)
• Provider Violation Fact Sheet
• SOC 846 IHSS Provider Enrollment Agreement

Maximum Weekly Hours 

Overtime is limited if your weekly hours are 40 or less:
If the Maximum Weekly Authorized hours is 40 or less then a provider can work up to 40 hours in any workweek (Sunday to Saturday) without the need to ask for an exception.  Never claim more than the consumers total Monthly Authorized Hours in any month.  No overtime will be paid on cases authorized 40 hours per week or less unless an exception is requested.  

Overtime is limited if your weekly hours are more than 40:
Overtime starts after 40 hours per workweek.    
If this overtime number is more than zero, then the consumer does not need to request an exception for a provider to be paid this number of overtime hours and you can adjust which week(s) within the month you work these overtime hours without the need to ask the county for an exception.  Any time a provider would need to work more than this total number of  pre-authorized overtime hours in a month your consumer must ask for an exception.  
If an exception is needed but not requested and approved then the provider will get a violation.  Remember that if a provider works for more than one consumer the provider may never work more than 66 hours per workweek in total from all the consumers the provider works for.   Never claim more than the total monthly authorized hours on a case. 

Please review the mailed notices to understand exception requests and violations.   Generally an exception will be approved if it is for something that directly affects the health or safety of the consumer and it is something unexpected that can't be postponed until later.   Repeated violations can result in penalties up to and including termination of the provider for one year.

Q: How do I mark which hours are Overtime hours on my timesheet?

A: You DO NOT mark them. You write regular hours and overtime hours the same way on your timesheet.  The timesheets are arranged in workweek blocks (Sunday to Saturday).    Whenever the total number of hours you enter in one of those workweek blocks adds up to more than 40 hours then all the hours more than 40 are automatically paid as overtime hours.     The computer will add them and calculate how many are overtime hours.  If you work for more than one consumer all the hours for all the consumers you work for in each workweek block are added together to see how many hours over 40 you may have worked.    Overtime is paid at one and one-half times your normal hourly wage rate for all hours above 40 per workweek. 

Q: How do I know how many weekly hours I have?

A: An IHSS consumer has been approved for the number of monthly hours that is printed on the first timesheet you get each month and on the NOA (Notice of Action Page 1) that was sent to the consumer when they were approved for the services.  To determine weekly hours use the calculator on this page.   Providers are mailed a SOC 2271 which states the number of hours per month on case, along with tasks approved on case. All providers and consumers will be mailed notices that include the monthly and weekly authorized hours for each case. To determine weekly hours, divide the monthly hours by four (4), for four weeks in the month. Please remember to make special note of five (5) week work months, and split workweeks* when calculating your weekly workweek maximums.

Q: What is a split workweek*?

A:  A split workweek is when two pay periods are in the same workweek.  For example: A workweek begins in Sunday the 15^th, and ends on Saturday the 21^st. This workweek will be on two different timesheets.  The 1-15^th timesheet and the 16^th to 30^th timesheet. It is important to mark down the hours claimed on the 15^th for this month, because that amount will be added to the 16-21^st on the second timesheet. Remember to total the entire workweek hours from both timesheets, which must not exceed 66 hours for providers with more than one Recipient. 

If you are a Provider and only have one Recipient, then your maximum workweek can not exceed the maximum weekly hours allowed on that one case. 

PLEASE NOTE: Maximum weekly hours can never exceed 70:45 (70 hours 45 min.), for any reason, for any provider that only has one case.