MANAGING YOUR INDIVIDUAL PROVIDER: An Overtime Guide for Customers - IDHS 4253 (pdf)

Helping Families. Supporting Communities. Empowering Individuals.

State of Illinois
Department of Human Services


If you believe you need one or more of your providers to work more than 45 hours in a work week, you may be able to use one of the 5 overtime exceptions.

3 types of Exceptions may be requested BEFORE you allow your provider to work more than 45 hours in a work week.

  • Provider Capacity
  • Unique/Complex Needs
  • Out-of-Town Situations

2 types of Exceptions may be requested when the overtime occurs or within 5 business days thereafter

  • Provider Unable to Work
  • Emergency Need

Additionally, the policy allows for circumstances where overtime can be used without any approval. Your provider may utilize up to 4 hours per pay period with a maximum of 30 hours/year with no paperwork required.

When requesting an Exception for use of Overtime, be sure to choose the right form. Forms are available at your local HSP Office and on the DHS Website.

Remember! It may take up to 30 days to receive notifications of approval or denial of your Exception request.


Per 89 IL Admin Code 686.1520 (Hiring Individual Providers and Backup Individual Providers), Home Services Program (HSP) Customers who utilize Individual Providers must:

* hire a sufficient number of providers to cover the weekly hours on their Service Plan; and

* hire a backup Individual Provider(s) for coverage when another Individual Provider is unable to provide services.

Individual Providers working under the HSP shall:

  • not work more than 45 hours in a work week, unless the HSP Customer is approved under one of the Exception Categories identified under 89 IL Admin Code 686.1530 (Overtime Exceptions).
  • This also applies to Individual Providers who work for multiple Customers; the combined hours worked for multiple Customers shall not be greater than 45 hours in a work week, unless the Customer is approved under one of the Exception Categories.

The Customer and the Individual Provider are BOTH responsible for monitoring work hours to ensure the Individual Provider does not work more than 45 hours in a work week unless approved for an Overtime Exception.


* the Home Services Program contracts with Centers for Independent Living (CILs) throughout the state to maintain lists of eligible Personal Assistants and other types of Individual Providers wishing to work as caregivers in this program.

* CILs can assist you with identification of providers as well as assistance in interviewing and managing your providers.


* The policy requires that Customers have a registered backup Individual Provider. For some, this may mean hiring a second provider when you have always depended on only one.

* Maintaining a second paid backup provider is not only required but makes good practical sense.

* It may not be possible to completely avoid emergencies, but one can diminish health and safety risks by always having a backup provider who is ready to work should an emergency occur.


* managing multiple workers can be a challenging task. the use of a schedule helps ensure both you and your providers are aware of expectations and limitations.

* Consider using a bi-weekly or monthly schedule to better manage your provider hours. You can talk to your HSP Counselor to learn more about using schedules.


* Personal Assistants and other Individual Providers are paid by pay period; pay periods are from the 1st day of the month through the 15th of the month, and from the 16th of the month through the last day of the month.

* While this practice will continue as it relates to your providers paychecks, overtime is calculated based on a 7 day work week.

* the work week begins on Sunday at 12:00am and ends Saturday at 11:59pm.

* In some cases a work week may extend across a pay period. You  may wish to save a copy of each timesheet to better monitor your provider hours.

to learn more about Overtime visit our website at:


Because the policy requires a registered backup provider, Customers who use IP services are required to have 2 or more active providers.


The policy allows up to 4 hours of overtime per pay period without approval; however, Customers may not exceed 30 hours per year.

Overtime accumulates over a work week; a work week is defined as 7 consecutive days beginning on Sunday and ending on Saturday.


The policy allows a single Individual Provider to work up to 45 hours in a week vs. the traditional 40 hour week.

Home Services Program Helpline  (888)713-5139

(866) 324-5553 TTY/Nextalk or 711 TTY Relay

Programs, activities and employment opportunities in the Illinois Department of Human Services are open and accessible to any individual or group without regard to age, sex, race, sexual orientation, disability, ethnic origin or religion. The department is an equal opportunity employer and practices affirmative action and reasonable accommodation programs.

DHS 4253 (N-9-17) HSP Overtime Policy Printed by the Authority of the State of Illinois PO# 18-0044 50,000 Copies