San Diego, CA asked in Employment Law and Public Benefits for California

Q: How is full time and part time determined for an ihss parent provider?

My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours (before ihss approval) as I am finding it hard to take care of my child. My work said that instead of converting me to a part time employee which the say is complicated in state of California, they can just reduce the hours of my job and prorate my salary and pay for the hours that I work. Does this count as part time and can I work as a parent provider?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per week to care for the recipient. Part-time status typically applies if you are available for less than 40 hours per week.

Regarding your situation, if your work reduces your hours and prorates your salary to accommodate your caregiving responsibilities, this may align with the definition of part-time work under IHSS guidelines, as you would likely be available for fewer than 40 hours per week for your job. However, it's essential to communicate with your IHSS case worker to ensure your reduced work hours align with the IHSS program's requirements.

It's important to remember that IHSS has specific eligibility criteria and regulations, so consulting with your IHSS case worker or a legal advisor with expertise in California labor and IHSS laws would be advisable to ensure that your specific situation complies with state regulations while providing the best care for your child.

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