The California Department of Social Services (CDSS) has provided information about State Supplemental Paid Sick Leave for In Home Supportive Services (IHSS) providers.  Supplemental Paid Sick leave provides 80 hours of sick leave for IHSS providers in addition to the regular 16 hours of sick leave provided by the IHSS. State Supplemental Paid Sick Leave is available for IHSS providers when the provider is unable to work for a reason related to the COVID-19 pandemic. 

Supplemental Paid Sick Leave is available retroactively to January 1, 2021.  For claims for sick leave prior to March 31, 2021, counties should verify whether a previous sick leave claim was submitted.  If a claim was not previously submitted, federal Emergency Paid Sick Leave Act (EPSLA) funds must be used before State supplemental paid sick leave for leave prior to March 31, 2021. While EPSLA placed providers on a two week paid leave, State Supplemental Paid Sick Leave is claimed in hourly increments, as determined by the county. 

IHSS providers taking sick leave must not be listed on a timesheet for any hours the recipient claims for paid sick leave. 

Reasons to be qualified for State Supplemental Paid Sick Leave include:

• The provider is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the CDC, or a local health officer.
• The provider has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
• The provider is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
• The provider is attending an appointment to receive a vaccine for protection against contracting COVID-19 (Up to a maximum of 4 hours).
• The provider is experiencing symptoms related to a COVID-19 vaccine that prevents the provider from being able to work.
• The provider is caring for a family member who has been advised to self-quarantine due to concerns related to COVID-19.
• The provider is caring for a child whose school or place of care has been closed or is determined otherwise unavailable for reasons related to COVID-19 on the premises. 

CDSS has revised the COVID-19 paid sick leave request form to allow requests based on federal or state requirements. CDSS has notices for both providers and recipients to inform them of the new State supplemental paid sick leave. Providers will be informed of their ability to submit claims for State supplemental paid sick leave and under what circumstances they may claim it. Recipients will be informed of their ability to request an emergency back-up provider, should their primary provider need to claim federal emergency or State supplemental paid sick leave related to the COVID-19 pandemic.

Supplemental Paid Sick Leave is available until September 30, 2021. (ACL 21-36, March 30, 2021.)

The California Department of Social Services (CDSS) has issued information about the extension of two weeks of emergency paid sick leave in the Families First Coronavirus Response Act for In Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers.  The Consolidated Appropriations Act extends the paid sick leave provisions of the Families First Coronavirus Response Act until March 31, 2020.  An IHSS or WPCS provider may request sick leave once from April 2, 2020 until March 31, 2021 if the provider is unable to work because of one of six listed COVID-19 related reasons.  The extension to March 31, 2021 does not create additional sick leave hours for providers who already used their Families First Coronavirus Response Act emergency sick leave.

Full-time employees (working 40 or more hours per week) are entitled to 80 hours of paid sick leave.  Part-time employees are entitled to the average number of hours that they work over a two-week period.

When a provider needs to take COVID-19 sick leave, they should complete the COVID-19 sick leave form, TEMP 3021 and submit the form to their IHSS county office.  WPCS providers submit the form to the Department of Health Care Services.  (ACL 21-06, January 19, 2021.)

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.)

The California Department of Social Services has issued guidance regarding extension of  exceptions to In Home Supportive Services (IHSS) regulations because of COVID-19.

Effective August 4, 2020 until the end of the National Emergency, initial assessments for IHSS applicants can be conducted by videoconference for applicants who have been exposed to, present symptoms of, or test positive for COVID-19.

Counties must immediately begin doing reassessments.  Counties that suspended reassessments must conduct all outstanding reassessments that were suspended by December 31, 2020.  Until the end of the National Emergency, counties can conduct reassessments by videoconference.

Until December 31, 2020, when assessments and reassessments are conducted by telephone or videoconference, counties may accept self-attestation in lieu of original signatures on most required forms.  Original signatures are required for the request for paramedical services, designation of authorized representative, and request to provide waiver.

Until December 31, 2020, counties can continue to allow new IHSS applicants who cannot get a SOC 873 certification form from their health care provider to be considered at imminent risk of out of home placement.  Applicants should have an additional 45 days for good cause to submit a SOC 873 after the county requests it.

Paid sick leave for COVID-19 for IHSS providers will continue in effect until December 31, 2020.  The IHSS provider backup system and additional $2 for backup providers established in ACL 20-29, summarized here, will remain in effect until December 31, 2020.

The requirement for an in-person orientation for new IHSS providers and signing of the Provider Enrollment Agreement will continue to be waived until August 31, 2020.  Effective September 1, 2020, orientations can be conducted either in-person or by videoconference.  Providers enrolled between April and August, 2020 must complete the provider orientation and sign the Provider Enrollment Agreement by December 31, 2020.  In person presentation of government issued photo identification and Social Security card continues to be waived until December 31, 2020.  Until then, counties can accept mailed photocopies or faxes of those documents.  (ACL 20-75, July 6, 2020.)