Who Is a Live-In Provider?
You are a live-in provider if you reside in the same home as your IHSS recipient. This includes:
- Family members who live with the recipient
- Providers who moved in to provide care
Living in a separate unit on the same property generally does not count as live-in.
Overtime Rules for Live-In Providers
| Hours | Rate |
|---|---|
| Up to 10 hours in a day | Regular rate |
| Over 10 hours in a day | 1.5× (overtime) |
| Over 12 hours in a day | 2× (double time) |
| Over 40 hours in a week | 1.5× (overtime) |
Note: The daily threshold is 10 hours, not 9, for live-in providers (vs. 9 hours for non-live-in).
Sleep Time
If you have a written agreement with the county and adequate sleeping facilities:
- Up to 8 hours of bona fide sleep time per night may be excluded from paid hours
- Sleep time that is interrupted for care duties must be paid
Authorized Hours Cap
You can only bill up to the authorized hours on your recipient’s Notice of Action (NOA). If you regularly work more hours than authorized, your recipient should request a reassessment.
To request reassessment: Contact the county IHSS social worker or call 1-800-952-5253.