IHSS Overtime & Exemptions

If you're an IHSS provider working for two or more recipients, California caps how many hours you can work in a single workweek. Most providers run into this limit without ever being told it exists — until a timesheet gets flagged. This guide explains the 66-hour rule, the two CDSS exemptions that allow you to work more, and exactly how to apply for one.

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The 66-Hour Workweek Limit

Under California law, an IHSS or Waiver Personal Care Services (WPCS) provider who works for two or more recipients cannot work more than 66 hours combined, across all recipients, in a single workweek. The IHSS workweek runs Sunday at 12:00am through Saturday at 11:59pm — it does not align with calendar months or pay periods.

This is separate from overtime pay, which kicks in once you cross 40 hours in a workweek. You can work between 40 and 66 hours and be paid correctly at time-and-a-half for the overtime portion — that's normal and doesn't require anything extra. The 66-hour number is a hard ceiling, not an overtime pay threshold. If you exceed it without an approved exemption, the excess hours generate a workweek violation, and the county will not pay for hours worked beyond the limit.

If you work for only one recipient, a different and higher limit applies — up to 70 hours and 45 minutes per week — since the 66-hour rule specifically addresses providers splitting time across multiple recipients.

A violation isn't just a paperwork issue. Hours worked beyond the 66-hour limit without an approved exemption generally will not be paid, regardless of whether the care was actually provided. If you're regularly approaching or exceeding 66 hours across your recipients, address it before it happens — not after a timesheet is rejected.

Why the Limit Exists

The workweek limits stem from federal Fair Labor Standards Act (FLSA) changes that extended overtime protections to home care workers. California set the 66-hour combined limit (and the 70-hour-45-minute single-recipient limit) to keep providers from being scheduled into unsafe, unsustainable workloads, while still allowing the flexibility many IHSS households depend on — particularly family caregivers serving more than one relative.

Exemption 1: Live-In Family Care Provider

This exemption is for parents and certain other relatives who live with and provide care for two or more recipients in the same household. To qualify, a provider must have met all of the following requirements on or before January 31, 2016:

The provider works for two or more IHSS recipients
The provider lives in the same home as all the recipients they provide services to
The provider is related to all those recipients as a parent, adoptive parent, step-parent, grandparent, or legal guardian

Providers who qualify can work up to 90 hours per workweek, not to exceed 360 hours per month, without triggering a violation. If the recipients' combined authorized hours exceed what the exempted provider can cover at 360 hours a month, the recipients must hire an additional provider for the remaining hours.

The January 31, 2016 cutoff is fixed. Exemption 1 is only available to providers who already met all three requirements by that date — it is not available to providers who started qualifying family caregiving arrangements afterward. If your situation developed after that date, Exemption 2 is the relevant option to look at instead.

To apply for Exemption 1, complete the Live-In Family Care Provider Overtime Exemption form (SOC 2279) and mail it directly to CDSS at: Department of Social Services, 744 P Street MS 9-11-96, Sacramento, CA 95814.

Exemption 2: Extraordinary Circumstances

Exemption 2 is broader and does not require the provider to be a family member. It applies to providers serving two or more recipients where each recipient meets at least one of three criteria:

Criteria A — Complex needs requiring a live-in provider. The recipient has complex medical and/or behavioral needs that must be met by a provider who lives in the same home as the recipient. (Under this criteria specifically, the provider must live with the recipient.)
Criteria B — Rural or remote location. The recipient lives in a rural or remote area where available providers are limited, and as a result the recipient is unable to hire another provider.
Criteria C — Language access. The recipient is unable to hire a provider who speaks their language in order to direct their own care.

Under Criteria B and C, the provider is not required to live with the recipient. Each recipient the provider works for must independently meet at least one of the three criteria — it isn't enough for only one recipient in the group to qualify.

There's also a documentation requirement that applies regardless of which criteria you're relying on: the recipients, with county assistance if needed, must have made reasonable attempts to locate and hire an additional provider. If prior attempts to use other providers led to harm to the recipient's health or safety, that documented history can help meet this requirement.

If approved, Exemption 2 allows the provider to work up to 90 hours per workweek, not to exceed 360 hours per month — the same caps as Exemption 1.

How to Apply for Exemption 2

Submit the request. The provider, or the recipients on the provider's behalf, submits the Request for Exemption for Workweek Limits for Extraordinary Circumstances form (SOC 2305) to the County IHSS Office — not to CDSS directly.
County review. The county reviews the request, the case files, and may have discussions with the provider and/or recipients to determine eligibility.
Decision within 30 days. Under Welfare and Institutions Code Section 12300.4, the county must notify both the provider and the recipients of its determination within 30 days.
If denied, you can appeal. If the county determines the provider and/or recipients are not eligible, they have the right to request a State Administrative Review. Submit the Exemption 2 State Administrative Review Request form (SOC 2313) to CDSS, along with a copy of the county's ineligibility letter, postmarked within 45 days of the date on that letter.

Keep a copy of everything. Save the county's ineligibility letter exactly as received — the 45-day deadline for the state review runs from its date, and CDSS requires a copy of it with your SOC 2313 submission. If you've missed the deadline, contact the county or CDSS promptly, since extensions are not guaranteed.

What Happens If You Don't Have an Exemption

Without an approved exemption, a provider working for multiple recipients is held to the standard 66-hour weekly limit. If combined hours exceed that limit, the system generates a workweek violation and the hours beyond 66 in that workweek generally are not paid. This is true even if the recipients genuinely needed the care and the provider genuinely worked those hours — payment depends on staying within the authorized limit or having an approved exemption on file.

If you're unsure whether you're approaching the limit, use the Provider Hub's Workweek Violation Checker and Overtime Calculator to estimate your hours across recipients before they become a payroll problem.

A Note on Self-Directed and Live-In Providers

These exemptions are about the workweek hour cap for providers serving multiple recipients — they are not the same as the separate live-in family provider tax exclusion under IRS Notice 2014-7, which concerns whether IHSS wages are subject to federal income tax. A provider can qualify for one, both, or neither, depending on their living situation and family relationship to the recipient. See the Provider Hub for more on the tax exclusion specifically.

If your exemption request is still pending or has been denied and you have questions about your rights as a provider, the IHSS Provider Help Line can assist with timesheet issues at (866) 376-7066.

Educational information, not legal advice. Only your county can authorize IHSS services, and only after an assessment. IHSSHours.com is an independent resource and is not affiliated with CDSS or any county IHSS office. · More IHSS guides