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

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.

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.

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

what's a 'day off'?

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!

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.

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.

Depending on your state time off is mandatory you can not work more than a certain number of hours in a day or week. Check your state labor laws

Terms and days off depend upon the contract you agreed to with the client.
Is your "boss" an agency or the client him or herself?

The caregivers where I live get $35 - $45 a Hour .

There should be 2 caregivers - One for the weekends and the other for 5 days a week . I have never heard of a 1 year contract. I have been going for 2 and a half years with out a break . Speak with a Attorney general or someone who deals with labor Laws . This doesn't sound right to me .

What are u kidding me. You need to contact the Labor Dept. In your area to find out this is so not right.

Please clarify for everyone…. When you say “no days off to go home” are you meaning “no vacation days” or NO days off… literally NEVER a day off not even a weekend? If you mean “vacation days” a lot of employers do require an employee to wait one year before giving them 2 weeks off as vacation time. Paid vacation time is usually a benefit that is earned for longevity… the longer you stay with the employer the more benefits you might earn. Most employers will allow an employee to take “unpaid” weeks off as needed if it is justified.

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 almost forgot that Yale University has a school of law that might be able to help you as pro bono with students

Any normal employer wouldn’t ever have expected you to work without any days off. Of course, lots of people work multiple jobs to save money, but that isn’t the healthiest choice for life balance.

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).

One or 2 weekly days or personal time off, and sleep does not count as time off. What Kind of Caregiver Employer is this?? Please go to the Labor Board in your state. Even a lawyer. What your employer is doing is illegal. You are a person with your own health and basic needs, not a slave or prisoner. If you contact the Labor Board, Your Employer cannot sue you for walking off This Job for your own "personal time off" or to go elsewhere! Who will call APS welfare check, if necessary??

Slavery , although supposedly abolished, does still exist in many shapes , forms, places and circumstances. You are not a slave nor an indentured servant.
Please walk away. Save yourself and, report the employer. You are being abused. I could continue but that's the bottom line.

CC - Please come back after you talk with your employer to let us know how things turn out!

Op don’t have money or time for a lawsuit realistically. Let’s be pragmatic.

Like I said, she could work at a facility for a straight eight to make the same amount of money.

https://www.ctdol.state.ct.us/wgwkstnd/wage-hour/pay002.htm

First you are probably underpaid. We are paying $25 per hour for 12 hours so $300 per day.

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.

You are not a prisoner, and your boss can't do that. She needs to get a relief caregiver or two and pay them when you're off for the day or afternoon or whatever. This boss is intimidating you, giving you wrong info, and so far her method is working - for her. I'm very sorry you're being treated this way. You could certainly find an employer who would treat you with more respect and allow for needed time off. I hope you find one.

Contact the Department of Labor in your state. This isn't legal. So many caregivers are being taken advantage of with this thing called patient centered care. Some agencies are even requiring their aides to drive their own cars to transport patients to appointments and doctor's appointments. There is a problem with this especially with car insurance. Many aides are driving under their regular insurance policies. However, using your car for business purposes requires commercial auto insurance that is much higher. Also, it is a liability.

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.

I think if this was a good person they would never have tried to take advantage of an employee in such a blatantly egregious way - I hope your negotiations go well but be prepared to leave before you begin the discussion.

Get a better job. Caregivers are in insanely high demand, you don't need to put up with this degree of BS. Get hired by a better company.

Thank you guys so much. I new to this country do I did not fully understand the rules/laws. I will re negotiate time off and over time with them. They refuse now know that I have certain protection under the law

You can complain or sue, but unless you have into the five figures in money or time to even start the process, you probably won’t prevail.

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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Cat,
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.

Last year my mom had agency arranged, in her home, caregivers -24/7. One caregiver worked Monday morning to Friday afternoon, the other caregiver worked Friday afternoon to Monday morning. The cost to mom was $350. a day. Mom was also expected to provide food for the caregiver. The caregiver did personal care, laundry, light housekeeping and light cooking. Family members had to do the grocery shopping.

Good advice to check with the state. Call them. You might wish to see an attorney who deals with employee relations. This can be done when employment ends. Bring all info tho can like contract, photo of checks for payment, documents of tax filing, etc. If the employer has deep packets, you might be able to sue for back wages associated with overtime. Most states have laws such as a minimum of one day off per week. I also was a CT resident and the labor department has strong laws. Also ask the labor department if the employer should be carrying workers compensation insurance.

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