CDSS has issued instructions for the live-in family care exemption from the new IHSS overtime rules. Instructions about the workweek rules are in ACL 16-01. There are two exemptions from these rules for IHSS providers. An IHSS provider who, on or before January 31, 2016, is providing services to two or more live-in family member, can work up to 12 hours per day or 90 hours per week, not to exceed 360 hours per month. The criteria for this exemption are: 1) The provider works for two or more IHSS recipients, 2) The provider lives in the same home as all of the IHSS recipients for whom services are provided and 3) The provider is related to all of the IHSS recipients for whom services are provided as parent, adoptive parent, step-parent, grandparent or legal guardian. This exemption does not apply to providers who do not meet these criteria prior to February 1, 2016.
This exemption does not change the rules regarding minor IHSS recipients living in two parent households. However, a non-parent provider can provide IHSS for any remaining hours that cannot be provided by the parent provider who is limited to 360 hours per month.
There is also an exemption from the workweek rules extraordinary circumstances which place the IHSS recipient at imminent risk of institutionalization. A potential example is where no other caregiver who speaks the recipients primary language can be located in the community. These exemptions will only be granted on a case by case basis. CDSS issued ACL 16-22 with criteria and requirements for the extraordinary circumstances exemption. ACL 16-07 (January 21, 2016).