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

Did you sign a contract? If so, what does it say about time off?

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.

Call the Department of Labor. Do you work 24 hours? That is slavery! Are you paid overtime?

If you are not allowed to leave because your client can't be alone then you ARE working 24 hours; just as firefighters and EMS get paid when they are on call but there isn't an emergency or babysitters get paid after the children are in bed you may not be actively giving care but you are on duty. Contracts have no legal weight when they break the law, and no labour code allows for 24/7 employment without respite.

When you are "off-duty", are there other family in the home to take over care?

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 You say taxes are being withdrawn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?

Your employer is wrong. Talk to the Labor board. This has been discussed before on this forum so this is where I am getting my info from but again, check with your Labor board.

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.

Did an attorney draw up the contact? It sounds like it isn't legal. Be prepared to lose your job if you insist on the employer make everything in line with federal wage and hour standards.

No. She absolutely cannot "do that". You are not a bond servant whose indenture she purchased.
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.

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

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.

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.

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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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

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.

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.

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.

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.

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

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.

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

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.

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??

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).

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

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.

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

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 .

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

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?

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

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.