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:

• March 2017 Preliminary Report
  In-Home Supportive Services Program: Report to the Legislature on the Impact of the FLSA Overtime Rule

IHSS Provider Overtime Exemption and Violation Statistics

• Exemption 1: As of 1/03/2023, there have been a total of 1,785 Exemption 1 requests approved, 1,213 denied, and 0 pending.

Overtime Exemption and Violation Data:

• IHSS Provider Violation Statistics (Excel) for provider violations, as of 9/30/2024.
• Exemption 2 Data: FY 2018-19, FY 2019-20, FY 2020-21, FY 2021-22, FY 2022-23, FY 2023-24, FY 2024-25
• ESAR Statistics: FY 2018-19, FY 2019-20, FY 2020-21, FY 2021-22, FY 2022-23, FY 2023-24, FY 2024-25

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

• 2016 Fair Labor Standards Act (FLSA) New Program Requirements

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

Important Forms

• 2nd Violations Instruction Review Materials, Armenian | Chinese | Spanish
• SOC 2255 - In-Home Supportive Services (IHSS) Program Provider Workweek & Travel Time Agreement
• SOC 2256 - In-Home Support Services Program Recipient And Provider Workweek Agreement
• SOC 2271 - In-Home Supportive Services (IHSS) Program Provider Notification Of Recipient Authorized Hours And Services And Maximum Weekly Hours
• SOC 2271A - In-Home Supportive Services (IHSS) Program Recipient Notice Of Maximum Weekly Hours
• SOC 2274 - In-Home Supportive Services (IHSS ) Program Accompaniment To Medical Appointment
• SOC 2279 - In-Home Supportive Services (IHSS) Program Live-In Family Care Provider Overtime Exemption

Overtime Exemption and Violation Data:

• IHSS Provider Violation Statistics (Excel) for provider violations, as of 8/31/2024.
• Exemption 2 Data: FY 2018-19, FY 2019-20, FY 2020-21, FY 2021-22, FY 2022-23, FY 2023-24, FY 2024-25
• ESAR Statistics: FY 2018-19, FY 2019-20, FY 2020-21, FY 2021-22, FY 2022-23, FY 2023-24, FY 2024-25