I am a live-in caregiver. I have been at the client's house for 8 months without any days off to go home. I am getting burnt out however I am not able to have any days off until 1 year. My boss says after one year I am allowed 2 weeks off. Can she do that?
What are my rights for getting time off? I work privately and my taxes are being withdrawn. I live in Connecticut.
My friend's MIL has a live-in caregiver, paid under the table. The caregiver takes off every other Friday evening and doesn't return until the following morning Monday morning.
No I get a set daily pay.
At those "off-duty" hours, are you allowed to leave the premises?
If this misunderstanding (boss breaking the law) ends in a dispute with her firing you there are things you can do. You say taxes are being withdrawn
(taxes withheld). Check to see if the taxes are being paid quarterly to the IRS on your behalf. Call Social Security to see if payments to your account have been posted. You may need an attorney to sort this out.
In the meantime, do not just walk away, quit, or abandon your client who needs care. If you must leave for your health, call APS to investigate with a home visit. It is clear that your boss has misinterpreted the rules/laws.
And what a shame for your client, because good caregivers are hard to find!
Adding this:
I do not know of a client/patient needing daily caregiving that would not have any needs in the middle of the night. Who takes care of your client overnight?
You cannot be worked more than 40 hrs. You maybe entitled to overtime if you do.
You need to be given time off, away from the home. There are set hours. Your boss needs to do the caregiving while ur away or hire someone else.
Room and board are a perk and cannot be deducted from ur pay.
Be ready to lose your job if you find I am right and you confront your boss with what the Labor laws are in your State.
My question is why did you not discuss what your schedule for time off would look like before you took the position and moved in? Even if you signed a contract agreeing to the two weeks off a year, that's vacation time. Vacation time is different than the days off a person gets during the week. If you plan on making your living as a private caregiver, you've got a lot to learn my friend. Like rule Number 1: Never take a caregiving assignment where the client's home is your actual residence because you will always get taken advantage of. Also, the employer can dismiss you straight away regardless of whether or not you have somewhere else to go. People can fire caregivers and not have to do an eviction process many states. You are at their mercy. Don't leave yourself vulnerable like that.
Rule Number 2: Payday is always on the same day. Wages paid in full. NO EXCEPTIONS. Never give an employer an inch when it comes to your pay and when you get it. People think it's okay to stiff workers in the care profession on their pay and you can never allow them to. Anyone I ever worked for knew they could count on me to do the best care for the time I'm being paid to do it. That I would get to the client's home no matter what. They also knew that if my money isn't right where it's supposed to be right when it's supposed to be there, I will walk away from their LO regardless of their needs and we are done.
Keep these rules in mind when you take work.
Great that you live in Connecticut. So do I. This state has a terrific Labor Department.
It is illegal for you to be working seven days a week with no time off. Being allowed to go to bed at night is not considered time off.
As a live-in you are entitled to at least one day off a week. A day off means 24 hours. You can leave your job and sleep elsewhere. That is a day off.
Tell your employer that either you get one or two FULL days off a week, or work out a time off plan like you work 'X' number of days on then get 'X' number of days off.
Then you give your employer a choice. Either the time off plan becomes effective immediately as in this very week, or you will abandon the client and head straight for the Connecticut Department of Labor and report this illegal situation to them.
I'm pretty sure our employer will get another caregiver to work your time off or they will cover it themselves.
I will also give you an off side info. If you are an immigrant without a green card, and your situation is determined to be a form of servitude, there is a little known law that immigration attorneys should know that this episode can lead you to a rapid pathway towards green card and citizenship. It happened to my close friend
I'm very sorry to hear that people can illegally sneak into the United States and if they take work as domestic servants they will be showed preferential treatment towards getting green cards and citizenship.
All the others who do things right so they can come in the front door can all go and pound sand for their troubles.
That truly saddens me.
Proceed as if you are not afraid to lose your job because you are in the right.
Listen to MACinCT.
Align yourself with others in your community who are caregivers. See a lawyer. Talk to others, do not keep all this to yourself. The next person who does your job will be likewise fooled, exploited, and told lies.
If you can qualify, work for an agency that takes care of the withholding of taxes for you. If you don't qualify, don't worry about that part.
This breaks my heart this has happened to you. People try to work, make a living, and this happens. There are employed people living in their cars at places like Walmart parking lots during these hard times. Our community tries to help them with food and gift cards, via fb and other neighborhood social media.
Your employer has much more to lose than you (fines, conviction of a crime) so do not allow this intimidation to continue. You can negotiate still. Do not give up.
Where did you work prior to this assignment? Do you actually have a home nearby to return to on your times off, or do you have a home in another state or country? It does not matter if you prefer not to answer.
Instead, focus on what your own job needs are and get a job that fits that. 180/day would be only nine hours of work here at minimum wage plus 20 percent. You would be paid overtime for that hour. This seems the best option for your needs as you do have a home to return to.
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Otherwise, don’t get your hopes up.
Honestly, most ppl would just state their terms and leave.
Find a better agency and read their policies, and ask questions to make sure you are a good fit. Private agencies will operate under a different set of policies. Agencies that are accepting Medicare/Medicaid will have limitations on the type of service they provide because of what CMS will pay for.
If you cannot leave the building during your sleeping time you should be paid for the overnights also.
At a bare minimum in the US you should have 1 day off (24 hours total) per week.
Are you getting paid time and a half for hours worked over 40?
You need to check with the Connecticut wage and hours department. Your employer may owe you back pay depending upon the laws in Connecticut.
That's not how live-in caregiving works. It's not paid hourly. It's paid a set amount per week.
Room and board is factored in. Of course free rent, utilities, and meals does not replace actual money wages but it does mean that live-ins don't have to be paid minimum wage per hour. The same way waitresses and hairdressers aren't. They rely on tips. The free room and board a live-in gets is sort of like tips.
Like I said, she could work at a facility for a straight eight to make the same amount of money.
Please walk away. Save yourself and, report the employer. You are being abused. I could continue but that's the bottom line.
I am concerned you might not being paid fairly. Check around to find the going rate. (The easiest way to find out is call an agency —- a reasonable charge is at least minimum wage and should fall in the range from half (what an agency might pay you) to few dollars per hour less than an agency would charge tge client. Pay can be negotiated anytime.
Next time … when you are hired, specify that you need a certain number of days off per week and request a fair wage. Two days off per week is standard, but you can negotiate whatever you need.
if you are not otherwise thrilled with your job, consider leaving, to start the next job on the right foot. If you love this job, tell your employer that you must have two days off every week to spend with your own family (or friends).
Gena Galenski
Touch Matters
Working 8 months, 7 days a week with NO days off may not be legal depending on the laws where you live. If you signed a contract, read every word of what you agreed to.
Most areas have a local Legal Aid program that may assist you if you meet the income qualifications.
I did live-in and it was myself and one other and we split the week.
No they don't get $35 - $45 an hour. The agency who employs them does. They get minimum wage (if they're homemaker/companion) and if they're hands-on CNA caregivers an agency pays them a little above minimum. Usually two dollars an hour more. Sometimes three and change.
Is your "boss" an agency or the client him or herself?
In fact, it may be subject to fines and punitive damages.