As amended in the US Department of Labor's regulation (29 CFR Part 552) Fair Labor Standards Act, Individual Providers earn time-and-one-half pay for hours worked in excess of 40 hours in a work week. To execute the changed regulation, DHS created an overtime policy that will increase Home Services Program (HSP) customer protections, create jobs, and ensure the long-term sustainability of the program to allow individuals with disabilities to continue living independently in their communities.
Through the recent collective bargaining agreement between the State and the Service Employees International Union, Individual Providers working under the HSP shall not work more than 60 hours in a work week, unless the HSP Customer is approved under one of the Exception Categories identified under 89 IAC 686.1530 (Overtime Exceptions).
Per administrative code 89 IAC 686.1520, Customers who utilize Individual Providers must hire a sufficient number of providers to cover the weekly hours on their Service Plan and name a back-up caregiver for coverage when another Individual Provider is unable to provide services. A back-up caregiver may be a non-paid caregiver, an additional Individual Provider or an agency.
The updated Individual Provider Overtime Policy will be strictly enforced beginning November 1st, 2021.
Key points of the HSP Individual Provider Overtime Policy:
- Individual Providers (IP) who work more than forty (40) hours per work week shall be paid at time and one half the hourly rate up to a maximum of sixty (60) hours per work week.
- A work week is Sunday at 12:00am to Saturday 11:59pm. Not to be confused with a pay period of the 1st-15th or 16th-End of Month.
- To calculate weekly hours based on a Customer's monthly service plan, divide the approved monthly service plan hours by 4.35.
- IPs will not be allowed to work more than 60 hours per work week unless the Customer has been approved for an Overtime Exception.
- Unauthorized use of overtime will result in written notification to the Customer and IP of an overtime occurrence. In a rolling 24-month period, every 4th occurrence may result in a 3-month period of ineligibility for funding from HSP and twelve occurrences may result in an IP's permanent ineligibility for funding from HSP.
- If a provider is ineligible for funding and their Customer(s) receive an approved overtime exception, the period of ineligibility for funding will be cancelled.
- The Customer must apply and be approved for an Overtime Exception to allow an IP to work over 60 hours in a work week.
- Regardless of whether an overtime exception is granted, Customers cannot exceed their monthly Service Plan hours and are not to authorize the Individual Provider to work more than the number of hours listed on the Service Plan. This is referred to as a Service Plan Violation and is separate from overtime.
- Regardless of whether an overtime exception is granted, Individual Providers cannot work more than 16 hours in a 24 hour period.
- Submitted travel time between Customers will be counted toward the 60 hour cap.
Forms and Instructions
Administrative Rules and Collective Bargaining Agreements
The Administrative Rules regarding Individual Provider Overtime can be found in 89 IL Admin Code Part 686 Subpart P (Individual Provider Overtime and Travel Time). The links to those sections are provided below:
Subpart P: Individual Provider Overtime and Travel Time
(Please note: These rules are currently being amended to reflect the language in the currently effective Collective Bargaining Agreement as well as updated policies and procedures)
- Section 686.1500 Definitions
- Section 686.1510 General Overview
- Section 686.1520 Hiring Individual Providers and Backup Individual Providers
- Section 686.1530 Overtime Exceptions
- Section 686.1540 Customer and Individual Provider Responsibilities
- Section 686.1560 Travel Time
- Section 686.1570 Unjustified Overtime and Sanctions
Collective Bargaining Agreement
Revised and updated: 10/1/2021