IHSS Program Requirements: Implementation of Overtime, Travel Time and Wait Time
Per Senate Bill 855 (Chapters 29, Statutes of 2014) and Welfare and Institutions Code (WIC) § 12300.41(b), CDSS completed the following reports to the Legislature:
IHSS Provider Overtime Exemption and Violation Statistics
- Exemption 1: As of 07/03/2019, there have been a total of 1,675 Exemption 1 requests approved, 913 denied, and 0 pending.
- Exemption 2: As of 07/03/2019, there have been a total of 242 Exemption 2 requests approved, 325 denied, and there are 26 pending.
- Exemption 2 State Administrative Review (ESAR): There have been 52 ESARs received - 14 ESARs have been approved (county ineligibility determination
overturned), 33 ESARs have been denied (county ineligibility determination upheld), and 5 ESARs are pending.
View the IHSS Provider Violation Statistics (Excel) for provider violations, as of 8/1/2019.
View the FY 2018-19 Exemption 2 and ESAR Statistics.
IHSS Overtime Exemptions
As required under State statutes, the maximum number of hours an IHSS or WPCS provider may work in a workweek for all the time he/she works for two or more recipients is 66 hours. To ensure continuity of care and to allow IHSS recipients to remain safely in their homes, CDSS established exemptions for limited, specific circumstances that allow the maximum weekly hours to be exceeded. For details on these exemptions
Recipient and Provider Video
- Trainer Binder Materials
- Participant Packet Materials
All County Letters
- ACIN I-09-16 (January 27, 2016)
Release of IHSS Informational Video: 2016 Fair Labor Standards Act (FLSA)
- ACIN I-08-16 (January 22, 2016)
Updates to the Case Management, Information and Payrolling System (CMIPS) II Screens and Forms Tracking for Implementation of Provisions of Senate Bills 855 and 873 Relating to the IHSS and Waiver Personal Care Services Programs
- ACL 16-07 (January 21, 2016)
Exemption to Provisions of Senate Bills 855 and 873 (Chapters 29 and 685, Statutes of 2014) Relating to the In-Home Supportive Services (IHSS) and Waiver Personal Cares Services (WPCS) Programs for Family Live-In Care Providers
- ACL 16-01 (January 7, 2016)
Reinstatement of Implementation of Provisions of Senate Bills 855 and 873 (Chapters 29 and 685, Statutes of 2014) Relating to the IHSS and Waiver Personal Cares Services Programs