IHSS OVERTIME FAQ
Q: When do the changes go into effect?
A: February 1, 2016 and it will be enforced beginning May 1, 2016.
Q: How will I know what my recipient’s maximum weekly hours are?
A: Providers will be receive the SOC 2271 IHSS Program Provider Notice of Recipient Authorized Hours and Services. Recipients receive the SOC 2271A IHSS Program Recipient Notice of Maximum Weekly Hours. Call 415-557-6200 if you or your recipient did not receive your notice.
Q: What are my weekly authorized hours?
A: Simply enter your authorized hours below and hit enter or divide your total by four to find out what your weekly hour total.
Q: My recipient’s maximum weekly hours are 30 hours per week. I work 60 hours for 2 workweeks. Can my recipient change my schedule to 50 hours in one workweek and 10 hours the next workweek so I get paid overtime?
A: No. If your recipient changes your work schedule to allow you to work above 40 hours per workweek (paid overtime) you would get a "violation" penalty. If you get several violations you may be terminated from the IHSS program for up to one year. Please review the training and documents for violation policy. It is possible for your recipient to ask the county for an "exception" when they need one. That would allow you to be paid for overtime (more than 40 hours in one workweek). The county may grant or deny the exception request. Please review the training and documents for what kinds of exceptions are allowed. Generally an exception will be approved if it is for something that directly affects the health or safety of the recipient and it is something unexpected that can't be postponed until later.
Q: Will I still get paid the overtime hours I worked if my recipient doesn’t get approval from the county?
A: Yes, the payment will be processed. However, Case Management, Information, and Payrolling System II (CMIPS II) will be triggered to send a notification to the county IHSS office informing that office of the additional hours worked by the provider. Within 5 business days after receiving the notification from the Timesheet Processing Facility (TPF), the county IHSS office has the option to review the circumstances and to determine whether or not county approval of the adjustment was necessary and, if county approval was needed, to contact the recipient to discuss the reason the additional hours were worked to determine whether or not it meets the criteria for an exception. If the additional hours were worked and claimed on the Part A timesheet (covering the first fifteen days of the month), the county has the option of waiting until the submission of the Part B timesheet (covering the time period from the 16th day of the month until the final day of the month) to determine if the excess hours claimed in the Part A timesheet were properly adjusted during the second half of the month. If the county chooses to review the circumstances that led to the additional hours being worked and determines that the circumstances warrant approval of the exception, the county can manually grant the exception request in the CMIPS II system and cancel the processing of the violation. If the county chooses not to review or is unable to determine the circumstances that led to the additional hours being worked, after five days from when the notification was sent by the TPF, a violation will be automatically sent to the provider and an informational notice regarding the violation will be sent to the recipient.
Q: My recipient’s maximum weekly hours are already more than 40 hours per workweek. Do we need to request an exception every week?
A: No. When a provider works for only one recipient, and the recipient is authorized for more than 40 hours per workweek then your case has a number of "pre-authorized" overtime hours every month that may be paid to the provider without asking for an exception. Those pre-authorized overtime hours can be used in any of the workweeks of the month and moved from one workweek to another to meet the needs of the recipient. The recipient does need to get an approved exception before the provider could be paid more than the pre-authorized number of overtime hours in any calendar month.
Q: Can I work more than 66 hours per week since I have multiple recipients?
A: No. Your combined hours worked for all recipients cannot add up to more than 66 hours each workweek. Recipients may need to hire another provider(s). 66 hours per week is the maximum allowed.
Travel Time Questions
Q: Will I get paid for the travel time to and from my home and the place I work?
A: No. Paid travel time only affects providers who work for multiple recipients and travels directly from the location where you provide services for one recipient to another location where you provide services for a different recipient on the same day.
Q: Does the time I spend traveling between recipients locations count toward the maximum weekly hours of 66 hours per workweek?
A: No. Time spent traveling between recipient locations does not count toward the provider’s maximum weekly hours of 66 hours or the recipient’s maximum weekly hours and is not deducted from any recipient’s monthly authorized hours.
Q: How do I get paid for travel time?
A: The SOC 2255 must be completed. Once it has been received by the county IHSS office and entered into CMIPS II, if information from “Part B. Travel Time” has been entered, the system will automatically generate a request for a Travel Claim Form to be sent to the provider from the Centralized Print Vendor at the Employment Development Department (EDD). After that point, each time a timesheet is sent to the provider, it will be accompanied by a Travel Claim Form. The timesheet and Travel Claim Form must be sent in a single envelope to the TPF.
Q: Can I claim travel time hours for taking my recipient to a medical appointment?
A: No. If your recipient is authorized for "Accompaniment to Medical Appointments" as one of their IHSS Services then you will claim that working time as normal work hours on the timesheet and not on the Travel Claim Form. Travel time is only for the time spent traveling directly from the location where you provide services for one recipient to another location where you provide services for a different recipient on the same day.
Q: What can I do if I receive a violation?
A: The violation will remain on your record, however you have 10 calendar days to request a review of violation to IHSS program. IHSS program has 10 calendar day to review case. IHSS program will inform you of the outcome of the appeal. For 3rd and 4th requests, you may appeal to CDSS if the county does not rescind the violation after county review.