How many days off are allowed for a live-in caregiver?

READ THIS: https://hacklerflynnlaw.com/hiring-healthcare-help-when-you-are-an-in-home-employer/

Time Off & Breaks:
Days off: Live-in caregivers are entitled to 12 consecutive off-duty hours each day (with exceptions for emergencies as defined in the Wage Order), and 3 hours (non-consecutive) of off-duty break time during a 12-hour shift. They also get 24 hours off duty after every 5 days of work, again, except in case of emergency. See Industrial Welfare Commission Wage Order 15-2001 (Cal. Code Regs § 11050).

Comply with California Employment Laws
Finally, if you employ a home health care professional directly, you must comply with federal and state labor laws regarding wages, sick leave, and breaks. There are federal wage and hour laws (Fair Labor Standards Act) and the California Labor Code. The United States Department of Labor has a guide to the FLSA’s requirements for Home Care Workers.

When hiring caregivers, California laws can be more specific and more stringent, however, and include the following:
Minimum Wage & Overtime:
Minimum wage: employers must pay at least minimum wage for all time worked. California’s minimum wage for 2021 is $13/hour if you employ 25 employees or less. However, counties and cities may have higher minimum wages. Also, if you hire through the IHSS program, there are separate minimum wage rates that apply to IHSS assistants.

Overtime: Caregivers who work more than 9 hours in a day or 45 hours in a week, are entitled to overtime at 1.5 times their regular rate of pay. Caregivers are also due 1.5 times their regular rate if they work a 6th and/or 7th day in a row due to an emergency and must be paid double-time for hours over 9 on the 6th or 7th. See Cal. Labor Code § 510; Wage Order 15, § 3(A)-(C).

The full Wage Order is available on the Department of Industrial Relations website.
Meal and Rest Breaks: While live-in caregivers are entitled to 3 total hours of break time, non-live-in caregivers are entitled to meal and rest breaks at certain intervals. Employees are entitled to an unpaid 30-minute, off-duty meal break for shifts over 5 hours, which must begin before the end of the 5th hour of work (Cal. Labor Code § 226.7; Wage Order 15, §11). Likewise, if the shift is over 10 hours, a second unpaid, 30-minute meal break is required. The employer and employee can agree to waive the first meal break if the shift is between 5-6 hours or can agree to waive the second meal break in shifts between 10-12 hours. The waiver should be in writing and signed by the employer and employee. Paid, off-duty, 10-minute rest breaks are due for every 4 hours or a major fraction thereof, in shifts over 3.5 hours. See Cal. Labor Code § 226.7; Wage Order 15, § 12. These are not waivable.
CFRA Expansion: On January 1, 2021, California legislators expanded the paid leave allowance for employees. As employees, caregivers can now receive compensation for up to 8 weeks within any 12-month period.
Wage Notices & Paycheck Stubs:
Wage Notice: When you hiring caregivers, you need to provide a notice disclosing the following items. A sample notice is available on the California Department of Industrial Relations’ website, in several languages.
Hourly rates and frequency of pay;
Overtime rates;
Any meal or lodging allowances;
The regular payday;
The employer’s name, address(es), and phone number;
Contact information for the workers’ compensation carrier; and
Sick leave information (Cal. Lab. Code § 2810.5(A)-(H)).
Paystubs or “Wage Statements”: With each paycheck, you will need to provide a paystub – called a “wage statement” under Cal. Labor Code section 226(a) – that includes the following information:
Gross wages earned; Total hours worked by the employee;
The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis; All deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item; Go to link above. Much more.

I give 2 days off per week. Tuesday and Wednesday usually. Once a month Saturday and Sunday. After one year of work I give two weeks paid vacation. After five years I give three weeks paid vacation. I do not give unpaid time off unless it is a true emergency situation. I expect full 8 hour work days. 1/2 hour for lunch. One 15 minute break in the morning and one 15 minute break in the afternoon. I generally do not have overtime hours, but if overtime is necessary, I pay time and a half over 40 hours. They get major holidays off. I withhold taxes and SS. I pay health insurance for my housekeeper. My housekeeper does live in my house, but has a small apartment on the property. She had worked for my husband for 12 years before we married and stayed with me after he died. If I continue to need an aide and she stays for six months I will provide health insurance for her. I contribute to a retirement account for my housekeeper as well.

I have a home care aide that works varied hours, but the same rules apply. She has her own apartment in town. If someone is working at meal time, they are welcome to eat what is prepared. Otherwise, they can bring their lunch. I don't expect or want home health aide cooking in my kitchen. I'm very picky about my kitchen. Only me, the housekeeeper and my stepson and 3 grandchildren who live here use the kitchen.

I worked through an agency and was paid $1 above minimum wage. I could NOT work more than 32 hrs per week or my company had to provide health insurance which they most assuredly DID NOT want to do.

I don't know if they even employed 'overnight CG's'--that alone would take you far above the 32 hr limit.

I have seen the CG industry get slightly better since I left it. The pay at my particular agency was almost insultingly low, my employers tipped me out, monthly to bring it up to a standard they felt I was worth. This was done out in the open (one of my client's sons was an atty) and so it was all aboveboard...and it did help me to feel like I had some value.

You are being seriously underpaid. And the fact you basically cannot leave, ever, is slavery! Even tho you state your client sleeps through the night, you obviously cannot leave her. So you're NEVER off the clock!

what's a 'day off'?

Did you sign a contract with family? Are you working 24/7? First review the contract you signed.

CuriousCat876: It's not even feasible for an individual to perform for a duration of time without a break/time off. I hope that you can work out a satisfactory arrangement in the future for time off with your employer should you decide to stay on with the live in arrangement.

You are getting $7.50/hour for your 24 hour days. The current minimum wage in Connecticut is $13.00/hour. At that rate you are only being paid for your daytime hours, even though you are on call at night. They probably feel that they are giving you room and board, so that counts for something.

Are your 2 weeks off (after a year) paid time off? If not, you have nothing to lose by quitting. I have never heard of anyone working 24/7 for months on end. It is long past time to renegotiate. Either you get days off (unpaid) on a regular basis or you work until you quit. They cannot do anything to you if you give notice. They cannot withhold wages or punish you in any way.

As suggested, make sure taxes are actually being paid on your account. Do you get quarterly statements? If not, demand this retroactively. If they are not paying taxes and SS into your account, get help fast to rectify this. Make sure you have a signed copy of your contract to prove they are responsible for withholding and paying those assessments.

You sound like you are an ethical and responsible person. If they want a good, long-term caregiver, they will work with you.