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Paid Sick Leave for IHSS Care Providers

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Emergency Paid Sick Leave Due to the COVID-19 Pandemic

A new federal law, the Families First Coronavirus Response Act (HR 6201), provides sick leave benefits for COVID-19 PANDEMIC ONLY between now and December 31, 2020.

The Families First Coronavirus Response Act allows full-time workers (those who work 40 hours or more per week) to get 80 hours of paid leave, and part time workers to get paid the average number of hours they work in a two (2) week pay period. If a worker is claiming sick leave for any of the reasons below they will receive 100% of their average 2-week pay, up to 80 hours.

 

COVID-19 sick leave may only be claimed if you meet one or more of the following criteria:

1. You are subject to quarantine or have been given an isolation order;
2. You have been advised by a health care provider to self-quarantine;
3. You are having symptoms of COVID–19 and seeking a medical diagnosis;
4. You are caring for an individual who is subject to a quarantine or isolation order or has been advised to self-quarantine by a health care provider;
5. You are caring for your child whose school or childcare facilities has been closed due to COVID-19 precautions and there is no one else available to care for your child;
6. You are experiencing any other substantially similar concerns.

To claim sick leave for COVID-19, you must fill out the COVID-19 ONLY – IHSS/WPCS Provider Sick Leave Request Form and return it to your local county IHSS office for processing. For providers who only provide WPCS services (not IHSS), please return your form to the Department of Health Care
Services, Integrated Systems of Care Division, at 1515 K Street, 4th Floor Sacramento, CA 95814 - Attention: WPCS Requests.
 
Please remember, if you are sick, potentially sick or have been exposed to COVID-19, you cannot provide IHSS/WPCS services for any recipient as specified by the Department of Public Health. You should contact your IHSS recipient(s) and let them know you are unavailable, so they can contact their local county office to request assistance with finding another provider until you are well.
Please be advised, if you are not experiencing symptoms and have not been exposed to COVID-19, you should continue to provide services to your IHSS/WPCS recipient.
 

Please remember you should protect yourself and the IHSS recipient(s) by:

• Washing your hands often with soap and water for at least 20 seconds, especially after blowing your nose, coughing, or sneezing, or being in a public place.
• Avoiding touching your eyes, nose, or mouth with unwashed hands.
• Avoiding close contact with people who are sick.
• Eliminating or minimizing visitors.
• Avoiding public places where you can potentially catch this illness.

You may also be eligible for Unemployment Insurance Benefits and/or Disability Insurance Benefits. For more information, please review information from the Employment Development Department in the link below.  

https://www.edd.ca.gov/about_edd/coronavirus-2019/faqs.htm


Paid Sick Leave for Providers

The California Department of Social Services implemented a new program that will allow current, active IHSS providers in all California counties the ability to receive annual paid sick leave beginning July 1, 2018.

Eligibility

 New IHSS providers who begin working for a recipient after July 1, 2018 will receive:

  • Eight hours of paid sick leave after working 100 hours of providing authorized services for an IHSS recipient after their initial hire date. These eight hours of accrued paid sick leave cannot be used until an additional 200 hours of authorized services have been worked or until after 60 calendar days has passed, whichever comes first.

Existing IHSS providers who began working for a recipient prior to July 1, 2018 will receive:

  • Eight hours of paid sick leave after working 100 hours of providing authorized services for an IHSS recipient beginning State Fiscal Year July 1, 2018. These eight hours of accrued paid sick leave cannot be used until an additional 200 hours of authorized services have been worked or until after 60 calendar days has passed, whichever comes first.
    These are one-time requirements that must be completed to accrue and use paid sick leave. A provider who completes the hours or time requirements will continue to accrue eight hours of paid sick leave each State Fiscal Year, July 1, as he/she continues to work as an active IHSS provider. Any provider who ceases employment with IHSS for longer than one year shall be considered inactive, and would need to complete the process again to earn and use paid sick leave.

At the end of each State Fiscal Year, June 30th, any unused paid sick leave will expire.

Accrual will be increased to 16 hours of paid sick leave for each year, calendar year or twelve-month period of employment on the date on which the State minimum wage reaches $13.00 per hour (scheduled for January 1, 2020) and to 24 hours of paid sick leave for each year, calendar, or twelve-month period of employment on the date on which the State minimum wage reaches $15.00 per hour (scheduled for January 1, 2022).

How to Request Paid Sick Leave

Submit a paper-copy of the Sick Leave Request Form

To request paid sick leave, an IHSS provider must:  

    • Complete the paper version of the IHSS Program Provider Sick Leave Request Form (SOC 2302). The provider can obtain the SOC 2302 form through the CDSS website and print it, or receive a printed copy from their county IHSS office.

    The SOC 2302 details the name and number of the provider and the date and times of the paid sick leave. Providers are not required to disclose on the SOC 2302 the specific reason why he/she needs to use paid sick leave hours. The SOC 2302 is only required to be signed by the provider.

    Each provider is responsible for submitting their completed SOC 2302 form in a separate envelope when he/she submits his/her timesheet for processing.

    • Send only the completed SOC 2302 form to the address written on the SOC 2302 form.
    • Make a copy of the completed SOC 2302 form for your records.
    • If the SOC 2302 is not received for processing by the end of the following month in which the sick leave is claimed, the provider’s claim cannot be processed.

    Submit an electronic copy of the Sick Leave Request Form

    • The provider can also complete a paid sick leave request on the IHSS Electronic Services Portal (ESP) formally known as the Electronic Timesheet System (ETS).

    Providers who have an account registered on the IHSS Electronic Services Portal website may fill out a request for sick leave electronically. The benefits of this include not having to obtain a SOC 2302 form from the county or CDSS website, and avoiding potential delays in mailing the SOC 2302 which can cause delayed payments

    More Information

    To receive more information regarding how to request paid sick leave, as well as learning options, including educational webinars, please visit CDSS New Paid Sick Leave Program Information.

    In addition, the Electronic Timesheet Help Desk at 866-376-7066 (select Option 4), and the Provider Help Desk at 866-376-7066, are available to answer questions about sick leave earnings, usage, and balance.