IHSS Provider Rights in California: Overtime, Hour Caps and Pay

IHSS providers in California are paid by the state but hired, supervised and fired by the person they care for, and their main pay rules come from the Welfare and Institutions Code and federal overtime law: time and a half after 40 hours in a workweek, a 66-hour weekly cap across all your recipients, and up to 7 hours a week of paid travel time between recipients. Your hourly wage is set by your county, and the state handles payroll, paid sick leave and workers’ comp coverage.

The California State Association of Counties reports more than 500,000 IHSS providers and about 772,000 recipients in 2025-26, and estimates that about 70 percent of recipients hire a family member. Because IHSS is a public program, some rules that protect other home workers do not apply to you, and some program rules apply only to you. If an agency employs you to care for clients, see our caregiver and home health aide guide. If a family pays you directly to care for children, see our nanny guide.

1. Which wage rules apply to IHSS providers?

IHSS splits the employer role three ways:

• The recipient keeps the right to hire, fire and supervise you (Welfare and Institutions Code 12301.6).
• The public authority or nonprofit consortium in your county is your employer for collective bargaining over wages, hours and other terms (W&I 12301.6).
• The state, through the Department of Social Services (CDSS), performs the recipient’s employer duties for unemployment insurance, disability insurance, workers’ comp and payroll taxes (W&I 12302.2).

Your hourly wage is set county by county. CDSS says “all provider rates are set by individual counties,” and it posts each county’s rate on its county IHSS wage rates page.

Rules that work differently for IHSS

Rule	Applies to IHSS providers?	Why
Domestic Worker Bill of Rights overtime (9 hours / 45 hours)	No	Labor Code 1451(b)(2)(A) excludes people paid through IHSS
Overtime after 40 hours in a workweek	Yes	W&I 12300.4(c), following the federal Fair Labor Standards Act
Wage Order 15 (household occupations)	Limited	Overtime, hour limits and travel pay for IHSS come from W&I 12300.4, not the wage order. See our Wage Order 15 guide for the household rules
Cal/OSHA safety rules	No	Labor Code 6303(b) excludes publicly funded household domestic service; Cal/OSHA says this includes IHSS
Paid sick leave	Yes	The IHSS sick leave program (40 hours for fiscal year 2026-27)
Workers’ comp	Yes	CDSS provides coverage

By the numbers66 hours

2. Overtime, maximum weekly hours and the 66-hour cap

The IHSS workweek starts at 12:00 a.m. Sunday and ends at 11:59 p.m. the following Saturday. Every hour over 40 in that workweek is paid at one and a half times your hourly wage (W&I 12300.4(c)).

Your recipient’s maximum weekly hours

CDSS’s provider agreement (form SOC 846) says a recipient’s maximum weekly hours are generally the authorized monthly hours divided by four. Hours can shift between weeks, but the county must approve hours that push you over 40 in a week for a recipient authorized 40 hours or less, or that add more overtime than you normally work that month.

The 66-hour cap

No IHSS provider can work more than 66 hours in a workweek (W&I 12300.4(b)). If you work for more than one recipient, the 66 hours are for all of them combined, and you also cannot go over any one recipient’s authorized hours (W&I 12300.4(d)). Travel time between recipients is left out of that 66-hour count whenever federal Medicaid funding covers it, but it still counts toward overtime. If one provider can’t cover all of a recipient’s hours because of the cap, the recipient must hire another provider.

For providers who work for two or more recipients, the statute allows exemptions, up to a combined 360 hours a month, for providers who by January 31, 2016 lived with and were related to all their recipients, and for recipients who would otherwise be at serious risk of out-of-home care, for example because of complex medical or behavioral needs, a remote location or a language need. The county must decide a request within 30 days, and a denial can go to a CDSS review.

💡 Example (hypothetical): A provider in San Francisco, where the county IHSS wage has been $25.00 an hour since September 2026, works for two recipients in the city, one authorized 40 hours a week and the other 26. In one workweek she works 40 + 26 = 66 hours of services and 4 hours of travel between their homes, for 70 hours. That is within the 66-hour cap, because federally funded travel time is not counted toward it, and within the 7-hour travel limit. Travel time does count toward overtime. Hours over 40 are overtime at $37.50: 40 × $25.00 = $1,000, plus 30 × $37.50 = $1,125, for $2,125 for the week. Check your own county’s rate on the CDSS wage page.

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3. Travel time, wait time and timesheets

Travel time. If you work for more than one recipient, time spent traveling directly from one recipient’s service location to another’s is paid, up to 7 hours per workweek (W&I 12300.4(f)). Travel time is not taken out of either recipient’s authorized hours. Travel between counties is paid at the wage of the county you travel to, and travel after you pass 40 hours in the week is paid at the overtime rate.

Wait time. Since February 1, 2016, IHSS providers have been paid for overtime, travel time and wait time (CDSS All-County Letter 16-36). If you spend long stretches waiting at a recipient’s medical appointments, ask the county social worker whether wait time is included in the authorization.

Timesheets. All providers must submit timesheets using an electronic visit verification (EVV) method, such as the Electronic Services Portal or the Telephone Timesheet System. Providers who have not self-certified as living with the recipient must also check in and out, for example with the IHSS EVV mobile app. You are paid for the hours you report, not the time between check-in and check-out. Timesheets are due within two weeks after each twice-a-month pay period ends. CDSS’s provider agreement says timely, complete timesheets are paid within 10 days of receipt, and the statute says late timesheets must still be paid within 30 days of receipt (W&I 12300.4(g)).

Report only time spent on your recipient’s authorized services.

4. Violations, suspensions and how to dispute them

Since May 1, 2016, IHSS has issued violation notices when a timesheet goes over the limits. You are still paid for the hours you worked, but you also get a violation. A violation is:

• Working more than 40 hours in a workweek for a recipient authorized 40 hours or less, without county approval.
• Working more than the recipient’s maximum weekly hours without county approval in a way that adds more overtime than usual that month.
• Working more than 66 hours in a workweek for more than one recipient.
• Claiming more than 7 hours of travel time in a workweek.

Several violations in the same month count as one. The consequences grow with each one:

Violation	What happens
First	A notice to you and the recipient, with your appeal rights
Second	A notice, with a one-time option to review training materials and send a certification within 14 calendar days to have the violation removed
Third	Suspension as an IHSS provider for 90 calendar days
Fourth	Suspension for one year, after which you must complete enrollment again, including the background check and orientation

If you go a full year without a new violation, your count drops by one, and it keeps dropping each year after that. You have 10 calendar days from the date of a violation notice to dispute it with the county on form SOC 2272, and the county has 10 business days to review it. For a third or fourth violation, you can also request a state review with CDSS.

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5. Pay problems we see in this job

Practice	Is it legal?	Law or rule
Hours over 40 in a workweek paid at straight time	No. Overtime is time and a half.	W&I 12300.4(c)
Travel between recipients left off the timesheet	You can claim up to 7 hours a week.	W&I 12300.4(f)
A late timesheet left unpaid for weeks	Late timesheets must still be paid within 30 days of receipt.	W&I 12300.4(g)
Being told to “just work” extra unapproved hours	The hours are paid, but they can trigger a violation against you.	CDSS All-County Letter 16-36
Working while the recipient is away from home	Services can’t be performed while the recipient is away from home unless the social worker approves.	CDSS form SOC 846
Sick days denied or never paid	Eligible providers get 40 hours for 2026-27.	CDSS sick leave program
Work outside the recipient’s authorized services, such as caring for other relatives	Only authorized services can be reported.	CDSS form SOC 846

By the numbers7 hours

6. Paid sick leave, injuries and workers’ comp

Paid sick leave

CDSS says IHSS providers earn 40 hours of paid sick leave for fiscal year 2026-27, beginning July 1, 2026. To qualify, you first work 100 hours of authorized services after your hire date. Before you can use the leave, you then work 200 more hours or 60 calendar days, whichever comes first. Unused sick leave expires on June 30. You claim it through the Electronic Services Portal or form SOC 2302 without giving a reason, and a paper claim must arrive by the end of the month after the leave was used. Our paid sick leave guide covers California’s general rules.

Workers’ comp

The state provides workers’ comp for IHSS providers through CDSS, and the Los Angeles County IHSS policy manual says Intercare Holdings Insurance Services has administered those claims under contract with CDSS since December 1, 2021. If you are hurt on the job, for example lifting or transferring a recipient, report it to your county IHSS office right away and ask for a claim form; our DWC-1 guide explains it. The Division of Workers’ Compensation warns that you could lose benefits if your employer does not learn of the injury within 30 days, and the general deadline to start a workers’ comp case is one year (Labor Code 5405).

Unemployment when your hours end

The state handles the recipient’s unemployment insurance duties (W&I 12302.2), so a provider whose IHSS work ends, for example because the recipient moves into a facility or passes away, may be able to file a claim with the EDD. There is a major exception: the California Supreme Court held in Skidgel v. California Unemployment Insurance Appeals Board (August 19, 2021) that when a recipient hires the provider directly, the recipient is the provider’s only employer for unemployment insurance. As a result, the Unemployment Insurance Code’s family exclusion (section 631) applies: work for your own son, daughter or spouse, or work by a child under 18 for a parent, does not count toward unemployment benefits. See our guide to unemployment after being fired.

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7. Retaliation, harassment and union rights

The recipient can end your job without county action, but some protections still apply.

Situation	Protection	Law
Sexual or other harassment by the recipient or someone in the home	FEHA’s harassment rules cover employers with one or more employees	Gov. Code 12940(j)
Bargaining and union activity	Under current law, your county’s public authority is your employer for bargaining under the Meyers-Milias-Brown Act (Government Code section 3500 and following)	W&I 12301.6
A workers’ comp claim	Firing or punishing an employee for filing a claim is prohibited	Labor Code 132a

How these protections apply when the recipient is a family member depends on the facts, so get advice early.

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8. What you can recover and deadlines

Many IHSS pay problems are fixed through the program: a late timesheet, a sick leave claim or a violation dispute. When that fails, a lawyer can review unpaid overtime, workers’ comp benefits, harassment damages and unemployment appeals.

Deadline	Time limit
Submit a timesheet	Within 2 weeks after the pay period ends
Dispute a violation notice with the county	10 calendar days from the notice date
Second-violation training option	14 calendar days from the notice date
Paper sick leave claim	Received by the end of the month after the leave was used
Report a work injury	As soon as possible; 30 days to protect your benefits
Start a workers’ comp case	Generally 1 year
FEHA harassment complaint with the Civil Rights Department	3 years

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9. What to do now

1. Keep your own log of hours, travel between recipients and time spent waiting at appointments, by workweek (Sunday to Saturday).
2. Save copies of every timesheet, EVV check-in record, pay warrant or direct deposit, and notice from the county.
3. Check your recipient’s authorized hours (form SOC 2271) so you know the weekly maximum.
4. Act fast on a violation notice: you have 10 calendar days to dispute it.
5. Report injuries right away to the county IHSS office and ask for a claim form.
6. Get a free case review if your overtime, sick leave or workers’ comp benefits aren’t being paid.

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Frequently asked questions

Do IHSS providers get overtime?

Yes. Hours over 40 in a Sunday-to-Saturday workweek are paid at time and a half, including travel time after 40 hours.

Does travel time count toward the 66 hours?

Generally no. Travel time is paid separately, up to 7 hours per workweek, and is left out of the 66-hour count when federal Medicaid funding covers it. It does count when figuring overtime.

What happens if I get an IHSS violation?

You are still paid for the hours, but the violations add up: a third violation means a 90-day suspension and a fourth means a one-year suspension. Dispute any notice you disagree with within 10 calendar days.

How is my IHSS hourly wage set?

Your county sets it, usually through bargaining with the provider union, and CDSS posts every county’s rate.

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Laws this guide relies on

Law	What it does	Link
W&I Code 12300.4	Workweek, overtime, 66-hour cap, exemptions, travel time, timesheet deadlines	Official text on leginfo.legislature.ca.gov
W&I Code 12301.6	Public authority as employer for bargaining; recipient hires, fires and supervises	Official text on leginfo.legislature.ca.gov
W&I Code 12302.2	State performs employer duties for unemployment, disability, workers’ comp and taxes	Official text on leginfo.legislature.ca.gov
Labor Code 1451	Excludes IHSS providers from the Domestic Worker Bill of Rights	Nanny guide explains the law
Labor Code 6303(b)	Excludes publicly funded household service from Cal/OSHA coverage	Cal/OSHA FAQ
Labor Code 5405	One-year deadline to start a workers’ comp case	Labor Code §5405 explainer
Gov. Code 12940(j)	Harassment protection for employees of employers with one or more employees	Sexual harassment

Related job guides: caregivers and home health aides, nannies, residential care aides, CNAs and health care staff.

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Sources

• CDSS, IHSS Provider Enrollment Agreement, SOC 846 (11/15): cdss.ca.gov
• CDSS, All-County Letter 16-36 (April 21, 2016): cdss.ca.gov
• CDSS, Violations Instructional Review (2016): cdss.ca.gov
• CDSS, third violation notice, SOC 2258A: cdss.ca.gov
• CDSS, IHSS Paid Sick Leave: cdss.ca.gov
• CDSS, County IHSS Wage Rates: cdss.ca.gov
• San Francisco Human Services Agency, IHSS Provider Wages: sfhsa.org
• CDSS, Provider’s Right to Dispute a Violation, SOC 2272 (7/16): cdss.ca.gov
• CDSS, Electronic Visit Verification: cdss.ca.gov
• Los Angeles County DPSS, IHSS workers’ comp policy: dpss.lacounty.gov
• CSAC, 2025 IHSS issue brief: counties.org
• Cal/OSHA, SB 1350 domestic service FAQ: dir.ca.gov
• Division of Workers’ Compensation, injured worker FAQ: dir.ca.gov
• Skidgel v. California Unemployment Insurance Appeals Board (Cal. Aug. 19, 2021): courts.ca.gov
• Welfare and Institutions, Labor and Government Code text: leginfo.legislature.ca.gov

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