As amended in the US Department of Labor's regulation (29 CFR Part 552) Fair Labor Standards Act, Individual Providers now 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 a thoughtful 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.

Customers, who utilize Individual Providers, must hire a sufficient number of providers to cover the weekly hours on their Service Plan and hire a back-up Individual Provider(s) for coverage when another Individual Provider is unable to provide services per 89 IL Admin Code 686.1520 (Hiring Individual Providers and Backup Individual Providers).

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).

The Individual Provider Overtime Policy is effective beginning August 1, 2017.



Administrative Rules

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