IHSS Sick Time: How It Actually Works in California

What is IHSS paid sick leave?

If you are an active IHSS provider in California, you are entitled to paid sick leave each fiscal year. The IHSS fiscal year runs from July 1 through June 30. As of July 1, 2024, eligible providers receive 40 hours of paid sick leave per fiscal year. Any unused hours expire on June 30 and do not carry over to the next year. There is no cash-out option for unused hours.

This benefit exists for every qualifying provider, whether you care for a family member or a non-family recipient. It is the same program statewide, administered by the California Department of Social Services (CDSS). Most providers either do not know it exists or assume it works like a regular employer's sick time policy. It does not, and the differences matter.

How do you qualify for IHSS sick time?

There are two one-time requirements you have to meet before you can use paid sick leave. The first is working 100 hours of authorized IHSS services. These can be spread across one or more recipients. The hours do not need to be in a single pay period or even a single month, they just need to total 100.

The second requirement applies after you have crossed the 100-hour mark. You must then either work an additional 200 hours of authorized services or wait 60 calendar days from the date you hit 100 hours, whichever comes first. Once you have met both of these requirements, you do not have to meet them again. You stay qualified for as long as you remain an active IHSS provider.

There is one exception. If you stop working as an IHSS provider for more than one full year, you are considered inactive. You lose any unused balance, and you have to complete the 100-hour and 200-hour or 60-day requirements again from scratch when you return.

Does claiming sick time reduce my regular pay or my recipient's hours?

This is the single biggest source of confusion in the IHSS sick leave program, and it is the reason most providers leave hours unused. The short answer is no. Claiming sick time does not reduce your pay, does not affect your weekly maximum, and does not subtract hours from your recipient's monthly authorization.

Sick time is a separate benefit and in addition to your regular hours. When you claim sick hours, they are paid in a separate warrant (a separate check) from your regular IHSS payment. They do not count against the recipient's monthly or weekly maximum hours listed on their Notice of Action. Sick time is a provider benefit, and it is not associated to the recipient in any way.

The only daily limit that does apply is a common-sense one: your work hours and sick hours combined cannot exceed 24 hours in a single day. That is the only combined cap. There is no weekly or monthly combined cap that limits how much sick time you can use in addition to your regular work.

How do you claim IHSS sick leave?

There are two ways to submit a sick leave claim. The recommended method is online through the IHSS Electronic Services Portal at etimesheets.ihss.ca.gov. After logging in, go to the Time Entry tab and select Sick Leave Claim. The portal shows your available balance and walks you through the submission step by step.

The second method is to complete a paper SOC 2302 form and mail it to the Sick Leave Processing Center. Your recipient does not need to sign the form. Mail it on or before the date you submit your timesheet for that pay period to avoid processing delays. The form must be received by the end of the month following the month you claimed the sick time.

The minimum claim is 1 hour. After the first hour, you can claim in 30-minute increments. If your remaining balance is only 30 minutes, you can claim just that 30 minutes. If you know in advance that you need time off, give your recipient at least 48 hours' notice. In an emergency, notify them at least 2 hours before your scheduled start time.

How to actually use your sick hours

Sick hours and worked hours are two separate entities. They do not interact, they do not subtract from each other, and they do not share a weekly or monthly limit. The only thing they have in common is a single daily cap: your worked hours plus your sick hours combined cannot exceed 24 hours in a single day.

That is the only number to watch. The sick hours and the work hours are paid in separate checks. They show up on separate parts of your records. Make sure you are using your regular planner as a reference when entering your sick time.

Is IHSS sick pay taxable?

In most cases, yes. IHSS sick leave is taxable income, the same way your regular IHSS pay would be. The exception is for providers who have a Live-In Self-Certification (SOC 2298) on file. If you live in the same home as your recipient and have submitted the SOC 2298, your sick pay is treated the same as your regular wages under that certification, which means it is excluded from federal income tax. Talk to a tax professional if you are unsure how this applies to your specific situation.

The bottom line for IHSS providers

If you have earned sick hours and you qualify to use them, claim them. There is no downside. The hours expire every June 30 whether you use them or not, so any hour you do not claim is an hour you have given back. The most common reason providers skip claiming sick leave is the belief that it will reduce their pay or their recipient's hours. It will not.

About the author

Jay Myers is a Navy veteran and retired sheriff's department sergeant who founded IHSS Unlocked after navigating California's IHSS system for his own family since 2024. After 30+ years in public service, he now builds tools and writes guides for IHSS providers because the rules shouldn't be this hard to understand.