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Important update: New overtime exemption for providers with multiple clients

For the last two years, UDW has been urging the state to develop a special exemptions process to ensure that overtime is a great benefit for all IHSS providers and our clients.

We are excited to announce the Extraordinary Circumstances Exemption, designed to help eligible IHSS providers who do not qualify for the Categorical Exemption. This exemption is for providers with two or more clients who need more than 66 hours per week of care combined. Providers who qualify will be allowed to work up to 12 hours per day, up to 360 hours per month combined for all of their IHSS clients.

You may qualify for the Extraordinary Circumstances Exemption if:

  • You have two or more IHSS clients; AND
  • At least ONE of the following situations applies to you:
  1. Your IHSS clients are in an “extraordinary circumstance,” which means they have exhausted all options and remain unable to find another provider to work the additional IHSS hours you’re prevented from working due to the 66 hour workweek limit AND they have complex medical and/or behavioral needs that put them at risk of being forced to leave in-home care for an institution; OR
  2. You care for clients who live in a rural or remote area where there is no other available provider; OR
  3. Your clients lives in an area where there is no other provider who speaks the same language.

IMPORTANT: If #2 and/or #3 apply, you do not have to be a live-in provider to qualify for the exemption. You do not have to be related to your clients to be eligible for this exemption.

If you meet the above qualifications, you may request the Extraordinary Circumstances Exemption by speaking with the county social worker and requesting an “exemption from workweek limits for individuals with extraordinary circumstances.” It is important that you describe how your clients’ situations meets the above criteria.

Once you call and start the process, the county has 15 business days to submit the request to the State Department of Social Services for review.  The State then has 15 business days to review and determine approval or denial. During this 30 business day process, you will have a grace period where you are not subject to violations. Be sure to speak with the social worker directly and confirm the start of the grace period to avoid any confusion – a voicemail will not start the process.

If you do not hear from the county social worker within five business days of submitting your request, or if you have been denied the Extraordinary Circumstances Exemption and your client will lose services as a result of the workweek limits, contact UDW at 1-800-621-5016 for assistance.

The Extraordinary Circumstances Exemption is one of three exemptions that we have pushed the state to create in order to ensure overtime is a benefit to all IHSS providers and clients. Follow these links to learn more about the Categorical Exemption and the Waiver Personal Care Services Exemption.