For IHSS Workers
Know Your IHSS Caregiver Rights in California
California IHSS caregivers have strong legal protections — overtime pay, paid sick leave, travel time pay, and more. Here's everything you need to know, in plain English.
IHSS Overtime Pay Rules
The Law: CA Labor Code & IWC Wage Order 15
Non-live-in IHSS providers are entitled to overtime at 1.5× their regular rate for hours over 9 per day or 40 per week.
Double time applies for hours over 12 in a single day.
Live-in providers have different rules — they are generally exempt from daily overtime but still earn weekly overtime over 40 hours.
Daily Overtime
9+ hrs/day
1.5× rate
Weekly Overtime
40+ hrs/week
1.5× rate
Double Time
12+ hrs/day
2× rate
Important: You must request overtime authorization in advance from your county IHSS office using form SOC 2255. Your employer cannot illegally deny your right to request it.
IHSS Paid Sick Leave Rights
The Law: CA Healthy Workplaces Healthy Families Act (AB 1522)
You earn 1 hour of paid sick leave for every 30 hours worked, up to 40 hours (5 days) per year.
You can use sick leave after working for the same employer for 90 days. You can use it for:
- • Your own illness, injury, or medical appointment
- • Care for a family member (parent, child, spouse, sibling, grandparent, grandchild, domestic partner)
- • Safe time related to domestic violence, sexual assault, or stalking
You cannot be fired or punished for using legally earned sick leave. If your employer retaliates, call the CA Labor Commissioner at 1-844-522-6734.
Travel Time Between IHSS Clients
The Law: CA IWC Wage Order 15, DLSE Opinions
If you work for more than one IHSS recipient in the same workday, travel time between clients must be paid at your regular hourly rate.
Normal commute from your home to your first client, and from your last client home, is generally not paid.
Keep a travel log (date, client 1, depart time, client 2, arrive time) to document your claim if needed.
If your county IHSS office is not compensating travel time, contact the CA Labor Commissioner or SEIU 2015 for help.
IHSS Wage Theft: How to Recognize and Report It
The Law: CA Labor Code §§ 1194, 203, 226
Wage theft includes: underpaying wages, not paying overtime, deducting from your paycheck without consent, bounced or delayed checks, or denying earned sick leave.
How to report:
- 1. Document everything — keep copies of all timesheets, pay stubs, and communications
- 2. File a wage claim with the CA Labor Commissioner (DLSE) at dir.ca.gov/dlse or 1-844-522-6734
- 3. For IHSS-specific issues, contact your county IHSS Public Authority
- 4. SEIU 2015 members can contact their union at 1-855-810-1699
Retaliation for filing a wage claim is illegal. Your employer cannot reduce your hours or terminate you for reporting.
IHSS Live-In Provider Rules
If you live in the same home as your IHSS recipient, special rules apply:
- Daily overtime exemption: Live-in providers are generally exempt from daily overtime. But weekly overtime (40+ hours) still applies.
- Federal income tax exemption: Wages paid to a live-in provider by a Medi-Cal recipient may be excluded from federal gross income under IRS Notice 2014-7. Consult a tax professional or free VITA site.
- CA income tax: California follows the federal treatment — live-in IHSS wages are also excluded from state income tax when the federal exclusion applies.
- Sleep time: If you are on-call overnight but sleeping, that time may not count as paid work. Review your IHSS hours authorization carefully.
Tax tip: If you are a live-in provider, keep good records and consult with a free tax preparer (VITA sites offer free tax help — find one at irs.gov/vita).
Electronic Visit Verification (EVV) Rights
EVV is a system that records the start and end time of IHSS visits. California uses the Electronic Services Portal (ESP) and the IHSS EVV mobile app.
Your EVV rights:
- • You are not required to use location services beyond what is legally required
- • If the app fails, you may use a paper timesheet (SOC 841) as a backup — do not skip submitting your hours
- • Your recipient must also confirm/approve your time entries
- • Disputed EVV records should be escalated to your county IHSS office in writing
Never submit false EVV records. Fraudulent timesheets can result in criminal charges under CA Welfare & Institutions Code.
SEIU 2015 Union Rights for IHSS Workers
Most California IHSS providers are represented by SEIU 2015. Membership is voluntary.
As an IHSS worker you have the right to:
- • Join or not join SEIU 2015 without penalty
- • Participate in collective bargaining discussions
- • Have union representation during disciplinary meetings
- • Organize and talk with coworkers about union issues
Union members may access benefits including legal help, training programs, and health coverage. Contact SEIU 2015 at 1-855-810-1699 or seiu2015.org.
Anti-Discrimination Protections for IHSS Caregivers
Under California's Fair Employment and Housing Act (FEHA) and federal law, IHSS providers are protected from discrimination based on:
File a discrimination complaint with the CA Civil Rights Department (CRD) at 1-800-884-1684 or calcivilrights.ca.gov.
Related Guides
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Know Your Rights. Check Your Pay. Get What You're Owed.
Most IHSS workers who use our free wage calculator discover they've been missing overtime, sick leave, or travel time pay. It takes 60 seconds to find out. No sign-up, no immigration check.
The average IHSS worker finds $200–$800 in unclaimed pay · File a claim free at dir.ca.gov
Also: View all 58 county IHSS wages · IHSS worker FAQ · Get free twice-weekly IHSS updates