IHSS - In-Home Supportive Services certified provider Workweek Limits and Violations Questions and Answers 1 — Questions and Answers
Question 1: An IHSS provider cares for two recipients. In a single workweek, they work 35 hours for Recipient A and 35 hours for Recipient B. Which of the following statements is true regarding their total work hours for that week?
- The provider has exceeded the maximum weekly limit and will receive a violation. (Correct answer)
- The provider is under the weekly limit and will be paid for all 70 hours at their regular rate.
- The provider can work up to 75 hours per week without penalty if split between two recipients.
- The provider must receive an exemption to work more than 60 hours per week for multiple recipients.
Correct answer: The provider has exceeded the maximum weekly limit and will receive a violation.
For providers who work for more than one recipient, the total hours worked for all recipients are added together, and the provider cannot work more than 66 hours per week without an approved exemption. Working 70 hours (35 + 35) exceeds this limit.
Question 2: A provider receives a third workweek limit violation within a 12-month period. What is the standard consequence for this violation?
- A final written warning and mandatory retraining.
- A one-year termination from being an IHSS provider.
- A three-month suspension from being an IHSS provider. (Correct answer)
- A permanent ban from working as an IHSS provider.
Correct answer: A three-month suspension from being an IHSS provider.
The consequences for violations are progressive. A first violation results in a notice. A second can be avoided with training. A third violation leads to a three-month suspension from the IHSS program.
Question 3: Which of the following situations would result in a provider receiving a workweek violation, assuming no prior county approval was obtained?
- Working 45 hours for one recipient who is authorized for 50 hours per week.
- Claiming 8 hours of travel time in one workweek between two different recipients. (Correct answer)
- Working 60 total hours in one week, split between three different recipients.
- Taking approved paid sick leave for a full day, which reduces the workweek to 32 hours.
Correct answer: Claiming 8 hours of travel time in one workweek between two different recipients.
Providers can be paid for time spent traveling directly from one recipient's home to another on the same day, but this time is capped at a maximum of seven hours per workweek. Claiming more than seven hours of travel time in a workweek results in a violation.
Question 4: A provider works for a single recipient whose Notice of Action authorizes 120 hours per month. The recipient asks the provider to work 35 hours in the first week of the month to help with a special project. What must the provider and recipient do to remain in compliance?
- The provider can work the 35 hours without issue, as it is under the 40-hour overtime threshold.
- The provider and recipient must get pre-approval from the county for any week exceeding 30 hours.
- The provider must ensure they work fewer hours in the following weeks so the total for the month does not exceed 120. (Correct answer)
- The provider must submit a special timesheet for any week they work more than their average weekly hours.
Correct answer: The provider must ensure they work fewer hours in the following weeks so the total for the month does not exceed 120.
A recipient's monthly hours are typically divided by four to establish a weekly guideline (in this case, 30 hours/week). While a provider can work more than this weekly guideline, they must coordinate with the recipient to work fewer hours later in the month to ensure the total authorized monthly hours are not exceeded.
Question 5: Under what circumstance can an IHSS provider legally work more than the standard 66-hour per week limit for multiple recipients?
- If all recipients sign a waiver agreeing to the extra hours.
- If the provider is granted a specific exemption, such as for 'Extraordinary Circumstances'. (Correct answer)
- If the provider agrees to be paid their regular hourly rate for all hours over 66.
- During a state of emergency, all workweek limits are automatically suspended.
Correct answer: If the provider is granted a specific exemption, such as for 'Extraordinary Circumstances'.
To exceed the 66-hour weekly limit, a provider must apply for and be granted an exemption. The 'Extraordinary Circumstances' exemption is one such case, allowing a provider to work up to 90 hours per week if specific criteria are met, such as the recipients having complex needs or living in a rural area with limited provider availability.
Question 6: The official IHSS workweek is defined as which of the following periods?
- Monday at 12:00 a.m. through Sunday at 11:59 p.m.
- The 7-day period starting on the first day the provider works each week.
- A flexible 168-hour period agreed upon by the provider and recipient.
- Sunday at 12:00 a.m. through Saturday at 11:59 p.m. (Correct answer)
Correct answer: Sunday at 12:00 a.m. through Saturday at 11:59 p.m.
For the purposes of calculating weekly limits and overtime, the IHSS program defines the workweek as starting at 12:00 a.m. on Sunday and ending at 11:59 p.m. the following Saturday.
IHSS - In-Home Supportive Services certified provider Workweek Limits and Violations Questions and Answers 1
An IHSS provider cares for two recipients.
In a single workweek, they work 35 hours for Recipient A and 35 hours for Recipient B.
Which of the following statements is true regarding their total work hours for that week?