Understanding care workers’ pay and travel time

Care workers face many obstacles when trying to get a fair deal on pay. Trade union organisation is rare , employers are hammering down on costs, the government shows little appetite to regulate the (largely privatised) social care industry – and the courts are out of reach to many .

Click here to work out your pay using our Home Care Pay Calculator

When ‘Mark’ worked providing support, care and assistance to elderly people in their homes, his employment contract said he would be paid £7.50 an hour. He’s since left the company, fed up of feeling exploited by a firm trying to cash in on this vital, hard, stressful work.

One of the reasons he felt hard done by was that he wasn’t even being paid the rate the company had promised. In practice he’s pretty sure he was getting less than the minimum wage, then £6.70 an hour.

The thorny question for Mark and thousands of other care workers is whether they are being paid for the time it takes them to travel between care appointments. This should be standard practice: an office worker doesn’t get paid going from home to the office, but would expect to be paid for the time spent travelling from the office to meet a client in the middle of the day.

Mark’s payslips told him how much he was paid for the hours he spent with ‘clients’. But they didn’t show how much time he spent travelling between appointments. Or whether he was paid for that. So he knew what he was getting in total every two weeks but not how many hours he was being paid for. And as a result he didn’t know his hourly rate. He told Corporate Watch:

“I don’t think it is fair that our payslips don’t say what we are actually being paid for. If I worked at Tesco I would be paid an hourly rate. That doesn’t happen here.”

Around 220,000 care workers are reckoned to be paid below the legal minimum wage . Investigations of care providers between 2011 and 2015 by the regulator HMRC found that 41% were guilty of not paying the minimum wage . The government has done precious little about this. The Unison trade union says just 36, mainly smaller, providers have been “named and shamed” as part of a much-trumpeted crackdown.

However, many of the bigger care companies – including Allied Healthcare , Care UK and MiHomecare – have faced negative publicity for under-paying their workers. Increasingly care workers are taking legal action themselves. Sevacare, the fourth biggest care company, was taken to court last month for paying workers less than the minimum wage, in part due to not paying travel time.

In response to increased public scrutiny, some companies have started paying for some travel time, but not as much as they should. MiHomecare, for example, has increased its pay rates, stung by negative publicity and being taken to court by one of its workers . The higher rates mean it is no longer paying workers below the minimum wage – but it is still not directly paying its workers for their travel time. They are being paid for their care hours at a rate that, when the travel time is included, keeps them just above the minimum wage.

For example, if someone on £9 an hour spends 35 hours caring for people in their homes, they will be paid £315. But add the ten hours she spent travelling between calls that week and that £315 is actually paying for 43 hours of work, which means she is being paid an effective rate of just £7.32 an hour.

This lets the company off the hook with HMRC – which only gets involved when minimum wage legislation has been breached – but renders meaningless the rate care workers are told they will get when they join the company.

Another care worker told Corporate Watch he had contacted HMRC for assistance but had been told the regulator only intervened in cases where minimum wage law had been breached.

Earlier this year we met care workers who had chosen to join MiHomecare because of the higher rate offered compared to its competitors. However, they left when they realised that their chosen company was, unlike its rival, not paying travel time as a separate item but simply ensuring their pay rates were above minimum wage when travel time was added on to the hours they spent with clients.

If workers can find a solicitor they may be entitled take their employer to court for not paying the contractual rate. But employment tribunal fees and a lack of solicitors willing to take such a cases on make this option beyond the reach of many.

To further confuse things, what constitutes travel time means different things to different people. Some companies only count time spent on the road when calculating travel hours.

But this was not the interpretation used in the judgement from the 2013 court case that created the precedent for travel time claims, known as ‘ Whittlestone vs BJP’ , in which a care worker successfully took action against her employer for not paying her for travel time, among other things.

Judge Langstaff, then head of the Employment Appeals Tribunal, said time between visits on a care worker’s rota should be paid, unless “the Claimant might have had so long between the end of one assignment and the next as to return home”.

As such, when a worker has a short gap between appointments, they should be paid for the full gap, not just the actual amount of time spent travelling. For example, if there is a 15 minute gap between appointments but it only takes five minutes to travel between them, care workers should still be paid for the full 15 minutes as they do not have time to go home or do anything else ‘for themselves’ in between.

This could have a significant effect on the pay of workers, especially those in urban areas where actual travel distances are short. If you have a ten minute gap between appointments on the same street, there’s not much you can do inbetween other than wait. But if you have a few calls like this a day, and those nine minutes spent hanging around are never included, the money lost will soon add up.

Having to constantly second guess your employer and calculate your actual pay rate is time-consuming – and exactly what care workers don’t need after a physically and emotionally tiring day. It’s just one example of how home care companies, with the tacit support of central government and the local councils who commission these firms , have taken advantage of lax regulation to keep their staff costs down.

Home Care Employment Law

Travel Time

By Saima Zuberi, Esq.

Executive Summary. The general rule on travel time pay is that home-to-work travel (i.e. commuting time) is not compensable but travel time from one job site to another job site is compensable because such time is “all in the day’s work.”

          Discussion.

1.      Common Travel Time Scenarios for Home Care Workers

a.     If a home care worker travels to her first job assignment directly from home and returns home directly from her final job assignment site, the worker’s commuting time is not considered hours worked and generally need not be paid because it is a “normal incident of employment.” 29 C.F.R. § 785.35; Wage and Hour Opinion Letter, W-454, 1978 WL 51446 (Feb. 9, 1978). By comparison, if a home care worker travels to more than one worksite for the same employer during the workday, the worker must be compensated for travel time between each worksite because such travel is “all in the day’s work.”

However, if the travel to multiple worksites is not direct travel, and the home care worker is relieved from her duty long enough to engage in purely personal pursuits, only the time necessary to travel to the second worksite must be paid.

For example, Mary is a home care worker who is employed by Able Home Care Agency. She provides services to two of the agency’s clients, Mr. Jackson, from 9:00am to 11:30am, and Mr. Smith, from 2:00pm to 6:00pm. Mary drives to the two different worksites which are 30 minutes apart. She leaves Mr. Jackson’s home at 11:30am and goes to a restaurant for lunch, shops for herself, and then arrives at Mr. Smith’s home at 2:00pm.

Because Mary is completely relieved from duty long enough to use the time effectively for her own purposes (i.e., lunch and shopping) not all of the time is hours worked. The 30 minutes required to travel between the two homes is hours worked and must be paid by the Able Home Care Agency even though Mary did not travel directly between clients. [1]

Similarly, time spent traveling home before a home care worker travels to an additional client for the day is not considered hours worked and is not compensable.

For example, Christine is a home care worker who is employed by Handy Home Care Agency. She provides services to two of the agency’s clients, Mr. Jackson, from 9:00am to 11:30am, and Mr. Smith, from 2:00pm to 6:00pm. Christine drives to the two different worksites which are 30 minutes apart. She leaves Mr. Jackson’s home at 11:30am and goes home for lunch and then arrives at Mr. Smith’s home at 2:00pm.

Because Christine travels home before traveling to her second client, Mr. Smith, only the 30 minutes required to travel between the two clients is hours worked and must be paid by the Handy Home Care Agency.

b.     Time spent traveling on an emergency assignment after a home care worker has already gone home following completion of a regular work day is an exception to the rule that commuting time is not compensable. If a home care worker is called out to travel a substantial distance to perform an emergency job for a client, all time spent on such travel, both going to the client and returning home, is considered hours worked and is compensable. 29 C.F.R. § 785.36.

c.     Home care workers who work for multiple employers in the same day will not be compensated for time spent traveling between the different employers’ clients. 29 C.F.R. § 785.38; U.S. Department of Labor Domestic Service Final Rule Frequently Asked Questions, available at: www.dol.gov/whd/homecare/faq.htm#travel .

2.      Time Travel to and from Other Work-Related Activities

a.     Agencies must also pay home care workers for intra-day travel time that is primarily for the benefit of the employer. For example, if an agency requires a home care worker to travel to obtain an annual physical, the travel time is compensable. See, e.g. , Copeland v. ABB, Inc. , 521 F.3d 1010, 13 Wage & Hour Cas. 2d (BNA) 705, U.S. DOL, FLSA Hours Worked Advisor, available at: http://www.dol.gov/elaws/esa/flsa/hoursworked/screenER13.asp ; U.S. DOL, Wage and Hour Division, Opinion FLSA 2001-7 (Feb. 16, 2001) available at: http://www.dol.gov/whd/opinion/FLSA/2001/2001_02_16_7_FLSA.htm ; see also 29 C.F.R. § 785.43. The same is true if the home care worker must travel to the agency to obtain durable medical equipment, like plastic gloves, or to take part in mandatory in-service training. 29 C.F.R. §§ 785.27, 785.38.

b.     Time spent traveling to the agency for administrative purposes (e.g., for internal investigations or for internal disciplinary reasons) during a regular work day is compensable because it is involuntary and for the benefit of the employer. 29 C.F.R. § 785.27. However, if the home care worker is requested to appear at the agency for administrative purposes outside of the workers’s regular hours, such as on a nonscheduled workday, the home care agency does not have to pay for this travel time. 29 C.F.R. § 785.27. Time spent in internal grievance conferences during working hours is also generally considered work time. 29 C.F.R. § 785.42. U.S. Department of Labor Domestic Service Final Rule Frequently Asked Questions, available at: www.dol.gov/whd/homecare/faq.htm#travel .

c.     Bona fide meal periods generally are not compensable work time if the worker is completely relieved from duty for the purpose of eating regular meals. 29 C.F.R. § 785.41. But travel time that is also used as meal time is compensable . Also, if a worker is required to perform any duties, whether active or inactive, including compensable travel time, while eating, such time is considered hours worked. U.S. Department of Labor Wage and Hour Division, Fact Sheet #22: Hours Worked under the FLSA, available at: www.dol.gov/whd/regs/compliance /whdfs22.pdf . Notwithstanding the forgoing, a worker is entitled to uninterrupted meal periods.

d.     If a home care worker provides assistance to a client with an illness, injury or disability by driving or accompanying that client to an errand or appointment, such as the grocery store or the doctor’s office, that time must be paid because it is considered “all in the day’s work.”

3.      Overtime Includes Travel Time

a.     Travel time that is considered “hours worked” under the FLSA is counted in computing a worker’s eligibility for overtime in any week because it is considered hours worked. Travel time for a home care worker employed in New York State must be compensated at a minimum rate of $8.75 per hour, the New York minimum wage rate. (The New York State Wage Parity Act minimum wage rate of $10.00 per hour does not apply because that rate only applies to Medicaid-funded “episode of care” hours worked.)

b.     Ordinarily, wages and overtime earned in a particular workweek must be paid to the worker on the regular pay day for the pay period in which the wages and overtime pay were earned. 29 C.F.R. § 778.106; U.S. DOL Wage and Hour Division, Fact Sheet #23: Overtime Pay Requirements of the FLSA, available at: http://www.dol.gov/whd/regs/compliance/whdfs23.pdf .

c.     A worker’s late submission of her actual travel time can throw off an agency’s pay calculations and can affect the worker’s overtime calculations for a week already paid. To avoid this problem, agencies may set deadlines by which their workers must submit their travel time, including, any corrections to previously submitted travel time, and can impose discipline for their employee’s failure to do so. If the correct amount of overtime pay cannot be determined until after the regular pay period, agencies should pay their workers their correct overtime compensation as soon as possible. Agencies should not delay payment for a period longer than is reasonably necessary for the agency to calculate and arrange for payment of the amount due and should strive to pay their workers by the next payday after the calculation is possible.

4.      Accounting for Travel Time

a.     Agencies must pay their workers for their actual travel time, which requires that travel time be accounted for accurately. Agencies cannot use rough estimates or arbitrary formulas to compute hours worked. 29 C.F.R. § 785.47. Because workers have first-hand knowledge of their actual travel time, agencies can pass on to their workers the responsibility of reporting, in writing, the amount of travel time to their employers.

b.     Where a worker’s actual travel time exceeds estimated travel time, hours for payment of wages and overtime pay must be re-computed for any such weeks because the employer must pay the worker for hours worked, which is based on how many actual hours, not estimated hours, are worked by the worker. See 29 C.F.R. § 785.48 (employees should be compensated “properly for all the time they have actually worked”.) The actual, not estimated, amount of travel time must be paid, taking into account if the worker’s travel is delayed due to traffic, weather, or other uncontrollable disruptions. See 29 C.F.R. § 785.48.

c.     Notwithstanding the above, travel time that is de minimis (insignificant) need not be paid. 29 C.F.R. § 785.47. In recording working time under the FLSA, infrequent and insignificant periods of time beyond the scheduled working hours, which cannot as a practical matter be precisely recorded for payroll purposes, may be disregarded. 29 C.F.R. § 785.47. But, an employer may not arbitrarily fail to count any part, however small, of working time that can be practically ascertained. 29 C.F.R. § 785.47.

Action Steps to Protect Your Agency

1.     To protect against liability for unpaid wages and overtime pay, home care agencies should establish clear policies on travel time, and maintain accurate records of employee travel time..

2.     Travel time policies should define what is compensable travel time, establish best practice timekeeping systems to accurately record travel time, require workers to submit records of their travel time on a regular basis, such as no later than the end of the relevant pay period, and also implement disciplinary guidelines for the failure to timely submit travel time.

3.     Home care agencies should utilize electronic timekeeping systems, such as smartphone applications, by which their workers can record their travel time.

4.     Home care agencies should also consider ways to limit travel time costs such as assigning home care workers to work in limited geographic areas to reduce their travel time between assignments.

[1] This example was adapted from the U.S. Department of Labor Domestic Service Final Rule Frequently Asked Questions, available at: www.dol.gov/whd/homecare/faq.htm#travel .

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DOL Closes Out 2020 by Issuing Travel Time and Live-In Home Health Care Worker Opinion Letters

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during the workday and perform portions of their work remotely. The other addresses compensation arrangements for live-in home health care workers whose shifts may extend beyond 24 hours.

Time face with dollar bills graphic.

Both opinion letters were signed by Cheryl M. Stanton, the administrator of the DOL’s Wage and Hour Division (WHD).

Travel Time

Opinion Letter FLSA2020-19 demonstrates that not all travel time that occurs during the workday is compensable under the FLSA. It also emphasizes the importance of the DOL’s “off-duty” regulation, 29 C.F.R. § 785.16, when making this analysis.

Under what is known as the “continuous workday doctrine,” “the period between an employee’s first and last principal activities of the day will ‘in general’ be compensable” under the FLSA. This can trip up employers if they do not pay their nonexempt employees for the time that they spend traveling to a worksite after performing other work or traveling from a worksite prior to performing additional work.

However, under an example provided in the opinion letter, if an employee receives permission from her employer to leave work early to attend a parent-teacher conference and then to perform work at home, the travel time back home is noncompensable, just like a commute home following the regular workday. Similarly, if an employee asks for permission to work from home in the morning prior to attending a doctor’s appointment and then goes to the office to continue working, the travel time to the doctor’s appointment and then to the office is noncompensable.

The DOL explained that the time spent traveling in these examples is not “worksite to worksite” travel. “The employer is not requiring the employee to travel as part of her work; rather, she is traveling of her own volition for her own purposes during her off-duty time,” the opinion letter states. In addition, the travel does not fall under the continuous workday doctrine, according to the DOL, because it is “off-duty” time. “When an employee arranges for her workday to be divided into a block worked at home and a block worked at the office, separated by a block reserved for the employee to use for her own purposes,” the DOL explained, “the reserved time is not compensable, even if the employee uses some of that time to travel between home and the office.”

The DOL kept the facts very simple in the examples discussed in this opinion letter. In both scenarios, the employees had a one-hour commute to and from the office, and the aggregate travel time to the appointments and to the home or the office totaled one hour. The employees also requested and received permission to work a portion of the day at home to better accommodate their personal schedules.

The DOL noted that “[s]everal [court] decisions that may appear to be to the contrary analyze situations in which employees were potentially required to perform work immediately before commuting to or immediately after commuting from a work site.” The examples presented in the opinion letter did not involve such a situation. The DOL noted that one federal court had “concluded that travel time may be compensable even if the employees were not required to perform work immediately before or immediately after their commute,” but noted that this court did not consider the off-duty regulation.

The DOL’s approach to the examples in the opinion letter comport with common sense and the concept that an employee’s rights need not be at odds with an employer’s interests. If an employee requests and receives time off to engage in personal activities, then traveling to or from those personal activities need not be considered compensable time by the employer. Similarly, if an employee requests and is given the freedom to perform some work at home at whatever time of the day or night the employee pleases, that is unlikely to result in application of the continuous workday doctrine. This opinion letter does not necessarily state a change in the law but rather a clear attempt to clarify compensable travel time with more employees working remotely.

Live-In Home Health Care

Opinion Letter FLSA2020-20 addresses a pay plan for live-in home health care workers who may work extended shifts of more than 24 hours. In this situation, the employer precalculated what the employees would be paid based on their scheduled days and hourly rate and a premium of 1.5 times their hourly rate for hours worked beyond 8 in a day or 40 in a week. In making these calculations, the employer assumed that the entire shift was compensable, except for bona fide meal periods and sleep breaks (of up to eight hours). If employees’ meal breaks or sleep breaks were interrupted for work reasons, however, that time was tracked and resulted in additional pay based on the hourly rate and premium rate formula that the employer and employees had agreed upon.

The DOL treated this as an appropriate method for crediting the employer with meeting its overtime pay obligations under the FLSA. The employees always received 1.5 times their regular hourly rate for their expected hours over 40 based on their schedules, and if they worked unexpected hours, those also were paid at 1.5 times their regular hourly rate.

Employers that want to create a pay plan like this will likely want to confirm that the types of premiums they are paying are properly creditable toward their overtime obligations. Otherwise, the pay plan could result in the employer owing additional overtime. For example, night-shift premiums, hazard pay, and many other types of pay premiums normally must be added into an employee’s total compensation for the workweek in order to determine the employee’s regular rate for overtime purposes.

In addition, special rules exist with respect to the exclusion of sleep time for live-in employees, while other special rules exist with respect to the exclusion of sleep time for non-live-in employees who work shifts of 24 hours or more. As the DOL notes in the opinion letter, “Employees who work shifts of less than 24 hours may not have any sleep time excluded, even if [they are] permitted to sleep during a shift.” Thus, employers may want to take note not only of the nuances associated with calculating the regular rate, but also what constitutes compensable time for FLSA purposes.

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care worker travel time

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during the workday and perform portions of their work remotely. The other addresses compensation arrangements for live-in home health care workers whose shifts may extend beyond 24 hours.

Both opinion letters were signed by Cheryl M. Stanton, the administrator of the DOL’s Wage and Hour Division (WHD).

Travel Time

Opinion Letter FLSA2020-19  demonstrates that not all travel time that occurs during the workday is compensable under the FLSA. It also emphasizes the importance of the DOL’s “off-duty” regulation, 29 C.F.R. § 785.16, when making this analysis.

Under what is known as the “continuous workday doctrine,” “the period between an employee’s first and last principal activities of the day will ‘in general’ be compensable” under the FLSA. This can trip up employers if they do not pay their nonexempt employees for the time that they spend traveling to a worksite after performing other work or traveling from a worksite prior to performing additional work.

However, under an example provided in the opinion letter, if an employee receives permission from her employer to leave work early to attend a parent-teacher conference and then to perform work at home, the travel time back home is noncompensable, just like a commute home following the regular workday. Similarly, if an employee asks for permission to work from home in the morning prior to attending a doctor’s appointment and then goes to the office to continue working, the travel time to the doctor’s appointment and then to the office is noncompensable.

The DOL explained that the time spent traveling in these examples is not “worksite to worksite” travel. “The employer is not requiring the employee to travel as part of her work; rather, she is traveling of her own volition for her own purposes during her off-duty time,” the opinion letter states. In addition, the travel does not fall under the continuous workday doctrine, according to the DOL, because it is “off-duty” time. “When an employee arranges for her workday to be divided into a block worked at home and a block worked at the office, separated by a block reserved for the employee to use for her own purposes,” the DOL explained, “the reserved time is not compensable, even if the employee uses some of that time to travel between home and the office.”

The DOL kept the facts very simple in the examples discussed in this opinion letter. In both scenarios, the employees had a one-hour commute to and from the office, and the aggregate travel time to the appointments and to the home or the office totaled one hour. The employees also requested and received permission to work a portion of the day at home to better accommodate their personal schedules.

The DOL noted that “[s]everal [court] decisions that may appear to be to the contrary analyze situations in which employees were potentially required to perform work immediately before commuting to or immediately after commuting from a work site.” The examples presented in the opinion letter did not involve such a situation. The DOL noted that one federal court had “concluded that travel time may be compensable even if the employees were not required to perform work immediately before or immediately after their commute,” but noted that this court did not consider the off-duty regulation.

The DOL’s approach to the examples in the opinion letter comport with common sense and the concept that an employee’s rights need not be at odds with an employer’s interests. If an employee requests and receives time off to engage in personal activities, then traveling to or from those personal activities need not be considered compensable time by the employer. Similarly, if an employee requests and is given the freedom to perform some work at home at whatever time of the day or night the employee pleases, that is unlikely to result in application of the continuous workday doctrine. This opinion letter does not necessarily state a change in the law but rather a clear attempt to clarify compensable travel time with more employees working remotely.

Live-In Home Health Care

Opinion Letter FLSA2020-20  addresses a pay plan for live-in home health care workers who may work extended shifts of more than 24 hours. In this situation, the employer precalculated what the employees would be paid based on their scheduled days and hourly rate and a premium of 1.5 times their hourly rate for hours worked beyond 8 in a day or 40 in a week. In making these calculations, the employer assumed that the entire shift was compensable, except for bona fide meal periods and sleep breaks (of up to eight hours). If employees’ meal breaks or sleep breaks were interrupted for work reasons, however, that time was tracked and resulted in additional pay based on the hourly rate and premium rate formula that the employer and employees had agreed upon.

The DOL treated this as an appropriate method for crediting the employer with meeting its overtime pay obligations under the FLSA. The employees always received 1.5 times their regular hourly rate for their expected hours over 40 based on their schedules, and if they worked unexpected hours, those also were paid at 1.5 times their regular hourly rate.

Employers that want to create a pay plan like this will likely want to confirm that the types of premiums they are paying are properly creditable toward their overtime obligations. Otherwise, the pay plan could result in the employer owing additional overtime. For example, night-shift premiums, hazard pay, and many other types of pay premiums normally must be added into an employee’s total compensation for the workweek in order to determine the employee’s regular rate for overtime purposes.

In addition, special rules exist with respect to the exclusion of sleep time for live-in employees, while other special rules exist with respect to the exclusion of sleep time for non-live-in employees who work shifts of 24 hours or more. As the DOL notes in the opinion letter, “Employees who work shifts of less than 24 hours may not have any sleep time excluded, even if [they are] permitted to sleep during a shift.” Thus, employers may want to take note not only of the nuances associated with calculating the regular rate, but also what constitutes compensable time for FLSA purposes.

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If someone travels for their job - Working time rules

  • Understanding the Working Time Regulations
  • The 48-hour weekly maximum
  • Being on call
  • Night workers

If someone travels for their job

  • Jobs with different rules
  • Agreeing a change – relevant agreements

In some cases, travel time to and from work counts as working time.

If an employee has a fixed place of work

If an employee has a fixed place of work (such as an office they go to every day), their regular travel time to and from work does not usually count as working time.

If an employer wants to count this travel time as working time, they can.

Travel time while at work will usually count as working time, for example when travelling:

  • from one client to the next
  • from an office to a meeting elsewhere

Find out about the maximum hours an employee can work in a week

If the employee has no fixed place of work

Some jobs have no fixed place of work. These are often jobs where the employee spends a lot of time visiting customers or clients. People who do this work are sometimes known as 'peripatetic workers'. 

These types of jobs can include:

  • care workers
  • plumbers and other tradespeople
  • teachers who work at different schools over the working day
  • travelling salespeople

Travel between home and work is likely to count as working time for peripatetic workers. This is because during this time, the person is classed as doing work for their employer – for example, the employer may change or add tasks.

Pay when travel time counts as working time

When travel time counts as working time, the pay an employee gets depends on the terms of the employment contract. 

When calculating pay the employer must follow the law on the National Minimum Wage. It includes different rules on how working time affects minimum wage calculations.

  • use the minimum wage calculator on GOV.UK
  • find out more about how minimum wage is calculated on GOV.UK

If you like, you can tell us more about what was useful on this page. We cannot reply – so do not include any personal details, for example your email address or phone number. If you have any questions about your individual circumstances, you can contact the Acas helpline .

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276: Care workers paid National Minimum Wage for waiting and travel time

care worker travel time

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In settlement of an Employment Tribunal claim which has been ongoing since 2016, three homecare service providers have agreed to pay ten care workers the National Minimum Wage (NMW) for travelling and waiting time between care appointments (Harris and others v Kaamil Education Ltd and others).

The care workers looked after elderly and disabled clients in their homes, often making up to 15 visits in shifts lasting from 7am to 9pm, including travelling and waiting between appointments. Their salary was calculated in accordance with the time spent per resident. The time spent travelling and waiting between appointments was unpaid which often resulted in the workers receiving less than £4 per hour. Backed by Unison, the care workers brought claims for unlawful deduction from wages, arguing that all time spent travelling and waiting between care appointments should count as time worked for the purposes of the NMW Regulations.

The care workers’ claims have now been settled by consent with the homecare service providers agreeing to pay NMW for travelling and waiting time. These backdated payments amount to around £100,000 and had to be paid within 21 days. At the request of the claimants, the method used to calculate the value of their claim is appended to the consent order as a useful guide for similar claims, although it is also noted that the employers did not put forward any alternative method of calculation.

This case is not binding on future cases, and it is important to note that the Tribunal did not give any legal opinion on whether the NMW legislation applied to travelling and waiting time in these particular circumstances. However, travel time should normally be treated as working time for NMW purposes unless it is between the worker’s home and their normal place of work. Waiting time should also normally be paid if a worker is available for work and required to be at work, although there are some exceptions such as sleep-in time. It remains to be seen whether this calculation method will be widely used, particularly as it underestimates the claims in some areas, for example, gaps between appointments exceeding 60 minutes were disregarded, and off-peak travel times were used even though some of the claimants travelled at peak times.

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IHSS Provider Wait and Travel Times

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IHSS gives services to help you stay at home if you cannot take care of yourself because of your disability. This pub tells you about getting IHSS hours for help getting to the doctor. It also tells you if you can get IHSS hours for doctor trips for a child.

1. Can I receive IHSS hours for my provider to take me to doctors’ appointments?

Yes, this is called “accompaniment to medical appointments.”  Medical accompaniment to “health care appointments” (e.g. medical appointment at a doctor’s office, dentist and to other health practitioners) is an IHSS service certain IHSS recipients can receive.  Medical accompaniment can be authorized when a recipient needs another IHSS service in order to get to and from a medical appointment or alternative resource, and/or at their destination. 1  For example, if a recipient has been authorized for accompaniment to medical appointments, the provider can also be paid to help the IHSS recipient travel to and from medical appointments.

Examples of help with travel includes things like helping a recipient get in and out of a vehicle, getting properly seated, and using seat belts.  To get authorized for medical accompaniment, you should tell your IHSS social worker that you have a medical appointment and that you need your IHSS provider’s assistance to get to the medical appointment.  The IHSS social worker will then assess your need for assistance in getting to and from medical appointments. 2   IHSS care providers are not required to use their own vehicle to transport recipients to and from a medical appointment.  However, an IHSS recipient can pay their care provider for the use of their vehicle to transport the recipient to and from the recipient’s medical appointments.

2. Can an IHSS provider get paid for time spent waiting at an IHSS recipient’s doctor’s appointment?

Yes.  As of February 1, 2016, providers can receive payment for time spent waiting at medical appointments.  In order to be paid for waiting at a medical appointment, the provider has to show that while they are at a recipient’s medical appointment, they cannot leave because they cannot predict how long the recipient’s appointment will take.  An example would be when a provider takes a recipient to a medical appointment and the provider has to wait at the medical office because, at any moment, they may have to take the recipient home.  This means the provider is “engaged to wait” or “Wait Time —On Duty.”

When a recipient is authorized for medical accompaniment, if all the following conditions are met, then the provider will be considered “Wait Time —Off Duty” (which means they will not be paid for any time spent waiting for the recipient):

  • The amount of time the appointment will take is known in advance which would allow the provider plenty of notice that they will not be needed to provide services during that time and which can then be used for their own purposes;
  • The appointment is scheduled to last enough time for the provider to conduct personal business; and
  • The provider is not required to perform any other authorized service, e.g., food shopping, other shopping/errands, during the appointment time.

If all the above conditions are met, then the recipient must tell the provider that they do not have to work until a specified time when they must return to accompany the recipient home.  The provider will not be paid for this time.  If all the above conditions are NOT met, the provider is considered to have “Wait Time —On Duty,” and they must be paid for the time they spend waiting for the recipient.

You can find more information on wait times in All County Letter No. 16-01. 3

3. What if I need my provider to take me to an alternative resource?  Can they still get paid to wait for me?

Individuals can receive transportation to a site where alternative resources provide in-home supportive services to the recipient in lieu of IHSS. 4  In general, for individuals who receive time for medical accompaniment to an alternative resource, the time an IHSS provider is waiting would not to be compensable because recipients are usually dropped off and picked up at a certain time.  Normally, a provider cannot be paid for the wait time associated with accompaniment to alternative resource sites because the provider can effectively use that time for their own purposes and it is considered Wait Time Off-Duty. 5  However, in order to determine whether wait time is paid, the social worker must determine whether or not a provider is using “Wait Time-On Duty” or if the provider is using “Wait Time-Off Duty.” 6

4. Can a minor receive IHSS hours for accompaniment to doctors’ appointments?

There are special requirements to get medical accompaniment authorized for minor recipients.  Medical accompaniment for minors can only be authorized if the minor recipient has an “assessed extraordinary need,” the appointment is for a specialist, and the minor recipient has a need for an authorized IHSS task to be performed during travel to or from the appointment.

To get medical accompaniment and associated wait times authorized for a minor recipient, each of the three following conditions must be met:

  • The minor recipient must have an assessed extraordinary need.  An extraordinary need is a need that is based on the functional impairment due to the minor’s disability and the need is beyond what would normally be expected for a minor of the same age without the functional impairment.
  • The appointment(s) must be with a physician or other licensed health care professional in a specialty care discipline and the appointment must be related to the minor’s disability or functional impairment.  Medical Accompaniment may not be authorized for routine appointments with the minor recipient’s pediatrician or primary care physician, such as well-baby/child visits, annual check-ups, immunizations, visits related to common childhood illnesses/injuries, etc.
  • The minor recipient must have a need for an authorized IHSS task(s) during travel to and/or from the appointment, or at the appointment.

The guidelines for authorizing wait time for adult recipients are not applied in minor recipient cases.  This is because a parent is typically expected to be present during a child’s medical appointment so that they can participate in a discussion with the medical professional about the child’s health and make decisions about treatment and care.  The social worker should include the wait time in the authorization of hours.  You can find more information and examples in All County Letter No. 17-42.

5. Can an IHSS provider get paid for travel time between recipients?

Yes.  IHSS providers can be paid for travel time.  Travel time is the time it takes a provider to travel directly from the location where they care for a recipient to another location to provide services for a different recipient on the same day.  However, a provider cannot get paid for the travel time to and from his or her home to any IHSS recipient’s location.  In addition, providers can only be reimbursed for 7 hours of travel time per week. 7

Providers who have multiple recipients should contact the county in order to complete form SOC 2255 and submit it to the IHSS office.  This form must be completed in order for the provider to be compensated for their travel time.

Disclaimer:  This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

  • 1. See Welfare and Institutions Code § 12300(b), and Manual of Policies and Procedures (MPP) Section 30-780.1(b)(5)(A)-(B)).
  • 2. See MPP Section 30-757.15
  • 3. All County Letter No. 16-01, dated January 7, 2016, is available online at this link for the PDF.
  • 4. MPP Section 30-757.154.
  • 5. See All County Letter No. 17-42, dated June 23, 2017, available online at this link; see also All County Letter No. 14-82, dated November 25, 2017, available online at this link for the PDF.
  • 6. For more information, see ACL No. 17-42, available online at this link, and ACL No. 14-82, available online at this link for the PDF.
  • 7. Information on travel time is here: link to the PDF on Travel Time for In-Home Supportive Services providers from the CA Department of Social Services website.

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Care workers: your rights

UNISON is the UK’s largest union, and we’re the union for care workers.

Sleep-ins, impossible rotas, zero hours contracts, unpaid travel time, just fifteen minutes to care. When you’ve got a problem, we’re right there to help you.

So, what are your rights, and what can you do?

  • Check your rights now – See our FAQs below
  • Join a union and get support. Join UNISON now from £1.30 a month
  • Join our campaign to change care

Join UNISON now

There are around half a million home care workers in the UK like you, many are facing issues at work.

Latest on sleep-ins for care workers

What has happened at the Supreme Court? 

Who this affected and where? 

National Minimum Wage Regulations are applicable across England, Scotland, Wales and Northern Ireland.  The ruling applies across the UK for all staff doing sleep-in shifts in the care sector, and potentially similar sleep-in shifts in other sectors.

What is UNISON’s position? 

Our position remains unchanged – that workers should be paid National Minimum Wage when they have to sleep at work. This ruling is yet another reminder of how care work is under-valued and underpaid.  The need for reform and proper funding of the care sector has never been more urgent and UNISON will not stop campaigning to win you fair pay.

How can I get advice and support from UNISON? 

If you are a UNISON member and wish to speak to someone, you should contact your branch .  Care members can also contact UNISON at  [email protected] .

How can I get involved in campaigning on this issue? 

Please sign the petition and send a clear signal to the UK government that the fight for fair pay is not going away.

Read more in our Sleep-ins Q&A

Need help at work?  Join UNISON now

Coronavirus advice for social care workers.

This page is for care workers, including residential, homecare and community care for both adults and children. It provides advice in relation to COVID-19. Spotting issues during the crisis: your help needed If you become aware of a workplace problem in a social care setting, related to the coronavirus outbreak, email us with a short […]

Sleep-ins judgment: Q&A

Today the Supreme Court has announced their ruling on a UNISON-backed case taken on behalf of a care worker member against her employer, Mencap.

The Ethical Care Charter

The details of the Ethical Care Charter and how to sign up to it.

  • Councils that have adopted the Ethical Care Charter

Am I entitled to paid travel time?

Yes. All homecare workers are entitled to be paid at least the national minimum wage or national living wage for the work that they do. This includes care workers on zero hours contracts.

This means that time spent caring for clients, travelling to appointments and waiting to start the appointment should be included in the pay calculation.

At the very least the work done must average out as at least the national minimum wage or national living wage.

If it does not, then the pay is unlawful you can make a claim to the Employment Tribunal or raise a complaint with HM Revenue & Customs via ACAS.

If you think that you are not receiving the correct pay you can contact UNISON – 0800 0857 857

Tens of thousands of homecare workers are not being paid for their travel time. Homecare workers spends their days making visits to people who need care; they are constantly on the move. Government guidance is clear – you should be paid for this.

What is the minimum and national living wage?

If you are a worker aged 25 and over, you are legally entitled to at least the National Living Wage.

It is illegal for your employer to pay you below the National Living Wage, so check your pay and make sure it is correct.

If you are a worker aged under 25, or an apprentice, you are legally entitled to at least the National Minimum Wage.

Since April 2020, the hourly national minimum wage rates are:

  • £8.72 for workers aged 25 and above (The National Living Wage)
  • £8.20 for workers aged 21-24;
  • £6.55 for workers aged 18-20;
  • £4.35 for workers aged 16-17;
  • £4.15 for apprentices under 19, or in the first year of their apprenticeship.

It doesn’t matter how small an employer is, they still have to pay at least the national living wage or minimum wage (depending on your age).

You should also be paid the national living wage for your travel time between clients, or between a client and the office.

If you are not sure if you are being paid correctly, talk to a union rep. Call us on 0800 0857 857 for contact details

Gov.uk – Your pay, tax and the National Minimum Wage

Can I claim tax credits or universal credit?

Working tax credit supports those on low incomes in work and you don’t need children to get it. Check what you might be entitled to:

UNISON benefits calculator

Can I get help with the cost of cleaning my uniform?

Did you know that following an agreement between UNISON and the Inland Revenue, you may be able to claim tax relief for cleaning your uniform?

You can get tax relief for the cost of laundering your uniform, but only where you have to meet the costs out of your own pocket.

You cannot claim if your employer takes care of the cleaning or provides cleaning tokens or free cleaning facilities for you to use.

Nor can you claim uniform laundry costs if you do not have to wear a uniform to do your job.

There is no tax relief for the costs of cleaning ordinary clothes.

Claim online at gov.uk

Do I have a legal right to join a union?

All workers and employees have a legal right to join a trade union if they wish to do so.  It is unlawful for an employer to discipline or sack a person because they talk to or join a trade union.  Being a member of a trade union gives workers greater protection and access to a wide range of services and benefits.

Join UNISON – call us on 0800 0857 857

I’m on a zero hours contract, can I join a union?

Yes. A number of UNISON members are on zero hours contracts and have been supported by their union to raise issues with their employer.  You also have access to a wide range of services and benefits as a result of being in the union.

UNISON is working to help care workers on zero hours contracts: Guardian article

What should I be paid for sleeping-in?

Check the latest update on sleep-ins in the box above on this page.

Does it cost a lot to be in a union?

UNISON has membership rates which are linked to earnings.  The more you earn the more you have to pay.  However, these have been calculated to be affordable for each band – our lowest rate of subscriptions is just £1.30 per month.

Membership of UNISON gives access to a wide range of services. For more information or to join today.

Am I entitled to a contract?

Employees are legally entitled to a contract – a written statement of the main terms and conditions of employment – within two calendar months of starting work.

Your contract should include details of things like  pay ,  holidays and  working hours .

What are my rights as an agency worker?

Agency workers have the same rights as other employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.

If you are concerned about your situation at work, please talk to us. Call on  0800 0857 857

What are my rights to holidays, maternity pay and other leave?

There are laws setting out the minimum amount of leave you can take – you cannot be worse off under your employer’s own terms.

Taking one type of leave should not generally affect your other leave allowances. Check our guide on the different kinds of leave

UNISON guide to leave

Do I have a right to a rest break?

Workers over 18 are entitled to 3 types of break – rest breaks at work, daily rest and weekly rest.

Rest breaks at work You have the right to a 20 minute rest break during your working day, if you work more than 6 hours a day. This could be a tea or lunch break.

The break doesn’t have to be paid – it depends on your employment contract.

Daily rest You have the right to 11 hours rest between working days, eg if you finish work at 8pm, you shouldn’t be asked to start work again until 7am the next day.

Weekly rest Workers have the right to either:

  • an uninterrupted 24 hours without any work each week
  • an uninterrupted 48 hours without any work each fortnight

If you think that you are not getting rest breaks you need you can contact UNISON – 0800 0857 857

What are the rules on staffing in care homes?

CQC: Guidance on staffing levels in care homes

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Expedite Requests

ALERT:  If you are a healthcare worker or a childcare worker

If you are a healthcare worker or a childcare worker

  • Who has a pending Form I-765, Application for Employment Authorization, initial application, which has been pending for over 90 days; OR
  • Who has a pending Form I-765, Application for Employment Authorization, renewal  application and whose Employment Authorization Document (EAD) expires within 30 days or less, or has already expired:

Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request expedited processing based on your position as a healthcare worker or a childcare worker with an EAD application that meets the above criteria.

To determine whether you are a qualifying healthcare worker, see this  DHS advisory memorandum (“Healthcare/Public Health” section, pages 7-9) (PDF) .

To determine whether you are a qualifying childcare worker, see the  Standard Occupational Classification (SOC)  code 39-9011, which includes workers who “attend to children at schools, businesses, private households, and childcare institutions” and “perform a variety of tasks, such as dressing, feeding, bathing, and overseeing play.” (Note that this definition does not include preschool teachers or teaching assistants.)

Be prepared to provide evidence of your profession or current or immediate prospective employment as a healthcare worker or a childcare worker and current valid immigration status. If the evidence you provide is not sufficient, we may not accommodate your request for expedited processing of your Form I-765.

You may request that USCIS expedite the adjudication of an application, petition, request, appeal, or motion that is under USCIS jurisdiction.

We consider all expedite requests on a case-by-case basis and generally require documentation to support such requests. The decision to expedite is within the sole discretion of USCIS. Expediting your case generally means that we would adjudicate your benefit ahead of others, including those who may have filed earlier, so we carefully weigh the urgency and merit of each expedite request.

Relevant criteria or circumstances that may be considered in determining whether to grant an expedite request include, but are not limited to, the below:

  • Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence;
  • Emergencies or urgent humanitarian situations;
  • Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States;
  • Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests; and
  • Clear USCIS error.

Not every circumstance that fits under the criteria or examples above will result in expedited processing. See more information below on expedite criteria and circumstances. For USCIS’  expedite policy guidance , see Volume 1 of the USCIS Policy Manual.

Note:   The processes and requirements for requesting expedited adjudication are different for some application types and circumstances. Refer to the chart in the Specific Procedures section of this page for more information about expedite requests related to:

  • Appeals or motions
  • Refugee status
  • Petition for refugee/asylee relative
  • Humanitarian parole
  • T nonimmigrant status
  • U nonimmigrant status
  • Other benefit requests pending with offices outside the United States

A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees.

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.

Examples may include:

  • A medical office that may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
  • A person who would lose critical public benefits or services.

In the context of an expedite request, an emergency or urgent humanitarian situation is a pressing or critical circumstance related to human welfare. Human welfare means issues related to the well-being of a person or group. Examples include, but are not limited to, illness, disability, death of a family member or close friend, or extreme living conditions, such as those caused by natural catastrophes or armed conflict.

NOTE:  Certain benefit requests, such as asylum applications, refugee applications, and requests for humanitarian parole, by their nature involve urgent humanitarian situations. Therefore, filing a humanitarian-based benefit, standing alone, without evidence of other time-sensitive or compelling factors, generally may not warrant expedited treatment under this criterion.

Examples of emergencies or urgent humanitarian situations may include:

  • A vulnerable person whose safety may be otherwise compromised.
  • Healthcare workers who are needed during a pandemic.

Travel-Related Requests

USCIS considers expedited processing of an Application for Travel Document ( Form I-131 ) when there is a pressing or critical need for an applicant to travel outside the United States.

Expedited processing of a travel document may be warranted when there is an unexpected need to travel outside the United States for an unplanned event, such as for a funeral. Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When there is a request to expedite processing of a travel document for a planned event, we will consider whether the applicant timely filed  Form I-131 or timely responded to a request for evidence.

NOTE:  A benefit requestor’s desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.

We generally require documentation to support an expedite request. Examples of evidence that may support travel-related expedite requests are outlined in the following table.

Examples of a pressing or critical need to travel outside the United States may include:

  • A requestor who has a pressing or critical need to travel outside the United States to obtain medical treatment in a limited amount of time.
  • A requestor who has a pressing or critical need to travel outside the United States due to the death or grave illness of a family member or close friend.
  • A requestor who applied for a travel document 5 months ago when they learned of the event, but their case remains pending, and they must travel for a pressing or critical professional, academic, or personal commitment, which is now in 45 days.

A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests).

  • A professional who is urgently needed for research related to a specific U.S. social interest.
  • A university professor urgently needed to participate in a specific and imminent cultural program.
  • A religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program.

This includes cases identified as urgent by a federal, state, tribal, territorial, or local government of the United States because they involve public interest, public safety, national interest, or national security interests. The request must be made by a person who has authority to represent the agency or department, such as an official, manager, supervisor, or tribal leader, on the matter for which expedited treatment is being requested. The request must demonstrate that the interests are pressing and substantive.

Where a federal agency or department is able to state a federal government interest in accordance with these criteria, we generally defer to that federal agency or department’s assessment.

If the request relates to employment authorization, the request must demonstrate that the need for the applicant to be authorized to work is critical to the mission of the requesting agency or department, and goes beyond a general need to retain a particular worker or person.

  • A noncitizen victim or witness who is cooperating with a federal, state, or local agency and needs employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.
  • A noncitizen scientist whose contributions are needed by a government lab or grantee.

USCIS may consider an expedite request based on clear USCIS error when a requestor establishes an urgent need to correct the error.

An example may include:

  • An applicant who receives an Employment Authorization Document with incorrect information that prevents them from being able to work may request a replacement document on an expedited basis if we caused the error.

You generally may request we expedite your case after you receive a receipt notice. (The process to request an expedite is different in some circumstances. See the Specific Procedures section below.)

Before submitting an expedite request, you should:

  • Check current  case processing times to determine whether you need an expedite.
  • Check your  case status online . If there is an action on your case pending with you, such as submitting biometrics or evidence, you should complete these actions before submitting an expedite request.
  • Check whether  premium processing service is available. We will not consider expedite requests for petitions and applications where premium processing service is available, unless the petitioner is designated as a nonprofit organization by the IRS and filing for a beneficiary whose services are needed to further the cultural or social interests of the United States.

Please make only one expedite request to reduce duplicate efforts and help us use our resources for quicker processing. Multiple requests may delay USCIS’s ability to expedite processing.

Expedite Requests for Travel Documents

If you are requesting expedited processing of a  travel document , you generally need to apply for and obtain the document before you leave the United States. You should make your expedite request on your pending application at least 45 days before you plan to leave the United States. (If you must travel within the next 15 days, see the  Emergency Travel page.)

For most cases, you may request an expedite by contacting the  USCIS Contact Center or by asking Emma.  (You can access Emma by clicking on the Ask Emma icon on the top right of this page). You need to explain why you need expedited processing. You also generally need to provide your receipt number to the USCIS Contact Center so they can send your request to the office that has your application or petition. If you have a USCIS  online account and have access to secure messaging, you may select “expedite” as the reason for your inquiry and submit your request there.

You generally need to justify your expedite request with evidence. When communicating with the Contact Center, you will be asked about supporting documentation. You should be prepared to supply this to the office processing your case.

If you have a USCIS  online account , you should upload evidence through your online account to support your expedite request in addition to calling the USCIS Contact Center. If you send a secure message, we will ask you to confirm that you have uploaded evidence in your account. If we receive an expedite request without evidence to support it, we will send you instructions on how to submit the evidence.

Note: The processes and requirements to request expedited adjudication are different in some circumstances. Refer to the chart under Specific Procedures below for expedite requests related to:

  • Appeals/Motions

Some programs and circumstances have their own processes and requirements for requesting expedited adjudication and may have different expedite criteria. You should follow the specific procedures referenced below for requesting an expedite in the following circumstances:

We receive a large number of expedite requests. We generally send a response to expedite requests that are submitted through the Contact Center. However, to increase efficiency in processing expedite requests, we generally do not provide justification for expedite decisions.

A decision on an expedite request is not an approval or a denial of your underlying benefit request. The expedite decision simply determines whether we will take your benefit request out of order and try to issue a decision (approval or denial) faster than the normal processing time. We cannot make a decision on your benefit request until all processing requirements have been completed.

Some circumstances may prolong or inhibit our ability to expedite certain benefit requests. Examples include, but are not limited to, when:

  • The benefit requestor must perform a certain action or submit additional documentation or evidence related to their benefit request, such as attend a biometric services appointment, be interviewed, or complete any required   immigration medical examination ;
  • There is a required background check that remains pending with a third-party agency;
  • An application or petition requires an on-site inspection; or
  • An application or petition depends on the adjudication of a principal’s application or petition.
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Care worker carries a tray

UK home care workers cannot work as visa regime tightened, says employer

Grosvenor says it is prevented from making 3,000 visits a week as it pays migrant workers to sit at home because permits not renewed

One of the UK’s biggest home care providers says it is paying dozens of migrant workers to sit at home and do nothing because the Home Office has not renewed key immigration permits.

Thousands of workers, mostly from Africa, were welcomed into the UK to help fill the one in 10 care worker jobs vacant after the Covid crisis. But after scammers abused the system, leading to allegations of modern slavery, the government appears to have tightened the application of the rules.

“It has gone from one extreme to the other,” said Darren Stapelberg, the chief executive of Grosvenor Healthcare, the UK’s third largest domiciliary care provider, who is paying reduced wages to 30 Zimbabwean workers and faces having to do the same to 90 more in the coming months. “It was very, very easy to sponsor people to come over, but the system has been abused, so now they are making it almost impossible to get new people in and staff who are already here can’t get renewals.”

Eleven of his workers have left the country, despite a care worker shortage of 152,000 across England. “We are losing workers who have made a great contribution to this society, at a time when you could quadruple our workforce and still not have enough staff,” he said.

The newly hostile environment comes after the government issued 106,000 care worker visas in 2023. But hundreds of companies that have never been inspected by the Care Quality Commission (CQC) regulator were granted licences and the chief inspector of borders found that 275 visas were issued to a care home that did not exist.

As part of a crackdown, ministers announced in December that care workers would no longer be able to bring in dependent partners and children. The CQC warned MPs that modern slavery was becoming a feature of the care system.

The Homecare Association has written to the care minister, Helen Whately, warning the Home Office about the problem.

Jane Townson, the chief executive of the industry body, wrote: “The Home Office appears to have lurched from one extreme to the other.

“Even established, high-quality, regulated homecare providers who have sent in evidence of block contracts with councils cannot get certificates of sponsorship extended or issued. Homecare providers are now close to handing back thousands of hours of homecare to councils.”

Already the visa problems were preventing Grosvenor, which serves almost 100 councils in England, Scotland and Wales, from making about 3,000 care visits a week, Stapelberg said.

1st Homecare, which operates in Oxfordshire, Bedfordshire and Hertfordshire, said the Home Office had demanded more than 230 documents, including contracts, care plans and rotas, to prove it had enough work to recruit just one foreign worker who was already in the country on a working visa.

“It was just ridiculous,” said John Rennison, its owner. “It is not helping our national shortage of care workers and it’s an impediment to what we are trying to do, which is look after vulnerable people.”

The worker he was seeking to recruit had only been paid about £60 a week by their previous employer. There have been widespread reports of unscrupulous operators charging foreign workers excessive visa fees and promising working hours that do not materialise.

A Home Office spokesperson said: “Our guidance clearly stipulates for those who have submitted an application for further leave in the UK before their existing leave expired have the same entitlements as their original leave. We require sponsors to show evidence that a genuine vacancy exists at the time the application is submitted. Where there is no evidence to suggest the declared work will be available, applications are not approved.”

Cathie Williams, the joint chief executive of the Association of Directors of Adult Social Services, said: “International recruitment is not a long-term solution to the recruitment crisis in social care. The only way any government is going to address this is to … fund it well enough to provide the pay and working conditions that will attract more people in the UK to do these vital and rewarding jobs.”

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This guide is meant to help individuals, families, and households who use home care services determine their responsibilities under the Fair Labor Standards Act (FLSA), the federal minimum wage and overtime law that applies to most home care workers.

The guide explains who must follow the FLSA rules, with examples of situations involving hiring a home care worker directly, using a home care agency, and arranging care through a self-directed program. It discusses paid providers who are family members of the consumer and who are live-in workers.

The guide also explains how to follow the FLSA rules, that is, what it means to pay minimum wage and overtime, track hours worked, and keep proper records.

Home Care Guide

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WTOP News

Controversial military reproductive health care travel policy was used just 12 times in 7 months

The Associated Press

March 26, 2024, 4:36 PM

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WASHINGTON (AP) — A controversial military policy that allows service members to be reimbursed for travel if they or a family member have to go out of state for reproductive health care — including abortions — was used just 12 times from June to December last year, the Pentagon said Tuesday.

Defense Secretary Lloyd Austin instituted the policy after the Supreme Court overturned Roe v. Wade in 2022 to ensure that troops who were assigned to states where abortions or other types of health care such as IVF treatment were no longer provided could still access those services.

The policy sparked outrage in some circles and led Alabama Republican Sen. Tommy Tuberville to hold up hundreds of military promotions for months in a failed attempt to get the Pentagon to rescind it. Tuberville ultimately withdrew all of his holds in December.

The travel policy was used by service members or their dependents 12 times during that seven-month period at a cost of roughly $40,000, Pentagon deputy press secretary Sabrina Singh said Tuesday. The money covered lodging, meals and transportation for out-of-state travel to receive care.

The Pentagon said it did not have data on the first five months of 2023 because the services did not establish a way to track those uses when the policy was first implemented.

The policy does not cover the cost of abortions, and it’s not clear how many of the 12 trips were for abortions or other type of reproductive health care, such as IVF treatment. Singh said the Pentagon would not have a specific breakdown of what services were sought by the service members or their dependents due to medical privacy issues.

Under federal law, Defense Department medical facilities can perform abortions only when the life of the pregnant person is at risk or in cases of rape or incest, and those instances have been extremely rare. According to the department, there were 91 abortions performed in military medical facilities between 2016 and 2021.

For months, many of the military officers directly affected by Tuberville’s holds declined to speak out, for fear any comments would be seen as political. But as the pressures on their lives and the lives of the officers serving under them increased, they began to speak about how the uncertainty surrounding their next move was hurting not only them but their children and spouses.

They talked about how some of their most talented junior officers were going to get out of the military because of the instability they saw around them, and about how having to perform multiple roles because of so many vacancies was putting enormous additional stress on an already overworked military community.

The issue came to a head when U.S. Marine Corps Commandant Gen. Eric Smith suffered a heart attack in October, just two days after he’d talked about the stress of the holds at a military conference. Smith fully returned to his duties only in the last few weeks.

Copyright © 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.

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COMMENTS

  1. Travel Time

    Travel Time. A worker who travels from home to work and returns to his or her home at the end of the workday is engaged in ordinary home-to-work travel which is a normal incident of employment. Normal travel from home to work and return at the end of the workday is not work time. This is true whether the employee works at a fixed location or at ...

  2. Are rest breaks, meal breaks, and travel time considered work time?

    Certain travel time, however, must be paid. For example, if a worker travels between the homes of more than one client during the day on behalf of the same home care agency or drives the person he or she assists to medical appointments, on errands, etc., then that travel is considered all in a day's work and must be paid.

  3. Understanding care workers' pay and travel time

    They are being paid for their care hours at a rate that, when the travel time is included, keeps them just above the minimum wage. For example, if someone on £9 an hour spends 35 hours caring for people in their homes, they will be paid £315. But add the ten hours she spent travelling between calls that week and that £315 is actually paying ...

  4. Travel Time

    Common Travel Time Scenarios for Home Care Workers. a. If a home care worker travels to her first job assignment directly from home and returns home directly from her final job assignment site, the worker's commuting time is not considered hours worked and generally need not be paid because it is a "normal incident of employment." 29 C.F ...

  5. DOL Closes Out 2020 by Issuing Travel Time and Live-In Home Health Care

    The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during the workday and perform portions of their work remotely. The other addresses compensation arrangements for live-in home health care workers whose shifts may extend beyond ...

  6. DOL Travel Time Live-In Home Health Care Worker Opinion Letters

    The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule ...

  7. Care workers forced to cut short home visits or be left out of pocket

    A spokesman says: "Our care workers are allocated 10.8 minutes of travel time per hour. We use smaller teams working in smaller areas to cut down on travel time.". The council also says that ...

  8. IHSS Program Rules

    IHSS Providers. Can receive payment for: Hours worked over 40 hours in a workweek as overtime (OT); Wait time at medical appointments under certain conditions; Time needed for traveling directly from one recipient to another on the same day, up to seven hours per workweek; and. Attending mandatory State training after you start working.

  9. If someone travels for their job

    care workers; plumbers and other tradespeople; teachers who work at different schools over the working day; travelling salespeople; Travel between home and work is likely to count as working time for peripatetic workers. This is because during this time, the person is classed as doing work for their employer - for example, the employer may ...

  10. 276: Care workers paid National Minimum Wage for waiting and travel time

    The care workers' claims have now been settled by consent with the homecare service providers agreeing to pay NMW for travelling and waiting time. These backdated payments amount to around £100,000 and had to be paid within 21 days. At the request of the claimants, the method used to calculate the value of their claim is appended to the ...

  11. Majority of homecare staff are unpaid for travel between visits

    Three quarters (75%) of care staff who look after people at home are not being paid for the time it takes them to travel between appointments, says UNISON today (Thursday).. The union says the finding, from a survey of more than 300 domiciliary care workers acros s England, reveals employers are effectively breaking minimum wage laws.. As a result, s taff are hundreds of pounds short each month.

  12. Travel Time

    Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within ...

  13. IHSS Provider Wait and Travel Times

    Yes. IHSS providers can be paid for travel time. Travel time is the time it takes a provider to travel directly from the location where they care for a recipient to another location to provide services for a different recipient on the same day. However, a provider cannot get paid for the travel time to and from his or her home to any IHSS ...

  14. Care workers: your rights

    Today the Supreme Court has announced their ruling on a UNISON-backed case taken on behalf of a care worker member against her employer, Mencap. Sleep-ins, impossible rotas, zero hours contracts, unpaid travel time, just fifteen minutes to care. When you've got a problem, we're right there to help you.

  15. Care Worker Travel Time Jobs

    Apply to Care Worker Travel Time jobs now hiring on Indeed.com, the worlds largest job site.

  16. 5 ways to travel via train, subway, and line 388 bus

    Worker and Kolkhoz Woman (Russian: Рабо́чий и колхо́зница Rabochiy i Kolkhoznitsa) is a sculpture of two figures with a sickle and a hammer raised over their heads. It is 24.5 meters (78 feet) high, made from stainless steel by Vera Mukhina for the 1937 World's Fair in Paris, and subsequently moved to Moscow.

  17. Expedite Requests

    Expedite Requests. ALERT: If you are a healthcare worker or a childcare worker. You may request that USCIS expedite the adjudication of an application, petition, request, appeal, or motion that is under USCIS jurisdiction. We consider all expedite requests on a case-by-case basis and generally require documentation to support such requests.

  18. UK home care workers cannot work as visa regime tightened, says

    Grosvenor says it is prevented from making 3,000 visits a week as it pays migrant workers to sit at home because permits not renewed One of the UK's biggest home care providers says it is paying ...

  19. Paying Minimum Wage and Overtime to Home Care Workers: A Guide for

    Travel Time; What are the minimum wage, overtime pay, and recordkeeping requirements? ... The guide explains who must follow the FLSA rules, with examples of situations involving hiring a home care worker directly, using a home care agency, and arranging care through a self-directed program. It discusses paid providers who are family members of ...

  20. Top 20 things to do and attractions in Mytishchi

    The Red Square is big, but mist of the visitors gather around the section near the St Basil's Cathedral to have a memorable snap shot. The building is now a museum, but my wife's and my nain objective is have close encounter of this unique architecture in the world. I encourage those who can spare more time, do explore the interior and the museum.

  21. Mytishchi Travel 2024: Best Places to Visit & Restaurants

    Teatr Kukol Ognivo is a delightful venue that offers a warm and welcoming atmosphere. It is popular among families, providing an enjoyable experience for both children and their parents. The theater has gained recognition for its exceptional care towards kids, ensuring they feel comfortable during performances.

  22. Controversial military reproductive health care travel policy ...

    The travel policy was used by service members or their dependents 12 times during that seven-month period at a cost of roughly $40,000, Pentagon deputy press secretary Sabrina Singh said Tuesday.

  23. Arthurs SPA Hotel by Mercure

    Located 20 km from Moscow Circle Road in the north of Moscow region, Arthurs SPA Hotel by Mercure offers premium options for family holidays with its 231 rooms, a spa and wellness center, restaurants, bar areas, sports equipment rental, playgrounds and kids clubs. The hotel offers 10 conference halls for corporate clients.