DPSS ePolicy

Converted document, no content change.

What changed?

1. In-Home Supportive Services (IHSS) providers will have a maximum paid sick leave of 40 hours starting July 1, 2024.
   
   
2. Includes the revised SOC 2302, IHSS Program Provider Paid Sick Leave Request Form (05/19) and SOC 2303, Notice to Provider Incomplete Paid Sick Leave Request Form (12/19).
   
   Note: Changes are shown highlighted in gray throughout the document.

Beginning July 1, 2018, all active providers who work for an IHSS/Waiver Personal Care Services (WPCS) recipient will start earning paid sick leave each year as long as they continue to provide IHSS/WPCS services to a recipient.

To earn paid sick leave:

1. Existing providers (those who began working for an IHSS recipient prior to July 1, 2018) will accrue 8 hours of paid sick leave, after they have worked 100 hours beginning July 1, 2018; and
   
   
2. New providers (those who begin working for an IHSS recipient after July 1, 2018) will accrue 8 hours of paid sick leave after they have worked 100 hours from their initial hire date.

To use paid sick leave, after it’s accrued, providers must:

1. Work an additional 200 hours; or
   
   
2. Wait for 60 calendar days to pass, whichever comes first.

This is a one-time requirement that the provider must complete to earn and use paid sick leave.  A provider who completes the 100 hours and works 200 additional hours or waits 60 calendar days (whichever comes first) will continue to accrue the full amount of sick leave hours on July 1st of each subsequent Fiscal Year (FY), if they continue to work as an active IHSS provider.

Note: Providers must use earned hours by the end of each FY; if not, hours will expire.
 

Paid Sick Leave Request Reasons

An IHSS provider may use paid sick leave for any one of the following reasons for themself or family:

1. Medical appointments;
   
   
2. Dental appointments;
   
   
3. Chiropractor appointments;
   
   
4. Illness;
   
   
5. Other medical emergencies; and
   
   
6. If the provider is a victim of domestic violence.

Providers are not required to provide verification to recipients when using paid sick leave hours.

Paid sick leave usage shall be a minimum of one hour for each occurrence with additional time used in increments of 30 minutes. The only time the provider can request a minimum of 30 minutes is when the provider only has at a minimum, 30 minutes of paid sick leave remaining in their balance.

Providers should give recipients reasonable advanced notice as soon as they are aware they will be using paid sick leave.  The following are recommended time frames:

1. 48 hours if the sick leave request is planned; or
   
   
2. At least two hours prior to the expected start time of the workday if the sick leave request is unplanned.

The recipient must be allowed enough time to make the necessary arrangements to have their authorized service needs met during the absence of the IHSS provider.
 

Claiming Paid Sick Leave

Providers have the option to submit a request for paid sick leave electronically on the Electronic Service Portal (ESP) or by mailing the SOC 2302, IHSS Program Provider Paid Sick Leave Request Form (hereinafter, SOC 2302). The SOC 2302 is available online on the California Department of Social Services (CDSS) website and must be mailed to the following address in a separate envelope from the timesheet:

Sick Leave Processing Center
P.O. Box 989700
West Sacramento, CA 95798-9700

The sick leave claim form does not require the recipient’s signature. To receive payment, the provider must submit the SOC 2302 by the end of the following month after the pay period in which the sick leave is claimed. Any SOC 2302 received after the filing period will not be processed and no payment will be issued for the sick leave time requested.

Timesheets and sick leave claim forms are processed at different locations. Therefore, mailing the SOC 2302 and timesheet together will delay payment. A separate pay warrant will be mailed to the provider for paid sick leave hours.

ESP 

ESP will house the following features:

1. Electronic timesheets;
   
   
2. Direct deposit enrollment; and
   
   
3. Sick leave claim entry.

Senate Bill (SB) 3 was signed by Governor Brown on April 4, 2016. The bill allows IHSS providers to accrue eight hours of sick leave for each FY beginning July 1, 2018. 

SB 616 was signed by Governor Newsom on October 4, 2023. The bill increases the IHSS providers paid sick leave accrual from 24 hours to 40 hours per year (calendar year or 12-month period) of employment starting January 1, 2024.

Accrual of paid sick leave was increased as follows:

1. 8 hours of paid sick leave a year, beginning July 1, 2018;
   
   
2. 16 hours of paid sick leave a year, on January 1, 2020; and
   
   
3. 24 hours of paid sick leave a year, on January 1, 2022. 
   
   
4. 40 hours of paid sick leave a year, on July 1, 2024.

The current paid sick leave accrual in place is tied to the state FY. To effectuate this change within the 2024 calendar year consistent with such paid sick leave accrual, current qualified IHSS providers will have a maximum paid sick leave of 24 hours through June 30, 2024. Starting July 1, 2024, current qualified IHSS providers will then earn the increased paid sick leave of 40 hours.

Terms and Descriptions

Fiscal Year (FY)

The 12-month period beginning July 1st and ending June 30th.

Accrued Date

Date in which the provider met the requirement to earn paid sick leave hours.

Eligible Date

Date on which the provider met the requirement to begin using the paid sick leave hours.

Electronic Services Portal (Formerly ETS)

Web based portal that will allow providers to register and utilize EPS, enroll in direct deposit, submit timesheets, and claim sick leave electronically. 
 

To earn and use paid sick leave, the provider must be an active provider who works for an IHSS/WPCS recipient.

Requirements and Limits/Conditions

To earn paid sick leave

Existing providers (those who began working for an IHSS recipient prior to July 1, 2018) will accrue 8 hours of paid sick leave after they have worked 100 hours beginning July 1, 2018.

New providers (those who begin working for an IHSS recipient after July 1, 2018) will accrue 8 hours of paid sick leave after they have worked 100 hours from their initial hire date.

Note: These 8 hours are available for FY 2018–2019 (July 1, 2018–June 30, 2019). 


To use paid sick leave

To be eligible to use paid sick leave, after its accrued, providers must:

1. Work an additional 200 hours; or
   
   
2. Wait for 60 calendar days to pass, whichever comes first.
    

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