The California Department of Social Services (CDSS) has reinstated overtime and travel time violations for IHSS providers that were suspended because of COVID-19.
In ACL 20-32, CDSS stated that overtime and travel time violations incurred while performing services that were in critical need because of the COVID-19 state of emergency would be removed.
Effective September 1, 2020, violations for exceeding overtime and travel time limits are reinstated. Going forward, counties should use the process in ACL 16-46 to determine requests to rescind overtime and travel time violations for services that are necessary because of COVID-19. Counties can override overtime violations if: 1) the additional hours are necessary to meet an unanticipated need; 2) the additional hours are related to an immediate need that could not be postponed until a backup provider arrives; and 3) the additional hours are related to a need that would have a direct impact on the IHSS recipient and would have been needed to ensure their health or safety.
COVID-19 may require IHSS providers to work additional hours of overtime. These hours may fall under the above criteria. Counties should consider such situations when determining whether to override an overtime or travel time violation. (ACL 20-103, September 8, 2020.)