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QUESTION: Has anyone had a Waiver client want to go on vacation and an employee say they are willing to take the client? If so, did you pay the employee and if yes, did you pay the employee for the entire time? At our organization, we pay the employee for 40 hours plus the costs of the trip. Now, this has been the case as we have normally sent salaried people on these trips. With the FLSA changes we may have to rethink how we handle these situations. *** We have done this before. We allowed the DSP to go with a client at the family’s request. The family paid for the DSP’s travel expenses in order to have support. We paid them for 8 hours a day of supports provided. While this was certainly a unique situation – this individual had never been on a family vacation with his family – and this could allow that to happen. We put in writing the terms with the employee and the family. For all involved – it was an amazing outcome. *** Our organization has done this. It had to be within the State so we could still bill and the client was not a 24/7 client. We only paid the staff their standard daily hours. *** Due to DOL rules we do not allow staff to take an individual on vacation. *** In the past our organization has had staff take individuals on vacation and yes we paid the staff. What we do as an agency is discuss with the staff that we pay them 16 hours and allow 8 hours of sleep time. We have the staff sign an agreement of understanding so they know the expectation of the number of hours they will be paid. *** We have not had a vacation scenario, but we have a client who goes to camp for 3 days every year and we provide a staff during camp. That staff takes him, stays with him and brings him home when camp is over. He is an hourly employee and we pay him for 16 hours per day and he has 8 unpaid hours to sleep or do whatever he wants/needs to do. If someone is responsible for a client for all of those hours and they're an hourly employee, I think you would have to pay them for the entire time. This information is a compilation of suggestions, ideas, and opinions shared by INARF Members in response to the featured question. This information should not be considered official interpretation or guidance of State or Federal Policy. Additionally, statements within this document do not necessarily reflect an official position or opinion of INARF.
At our organization, we pay the employee for 40 hours plus the costs of the trip. Now, this has been the case as we have normally sent salaried people on these trips. With the FLSA changes we may have to rethink how we handle these situations.
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We have done this before. We allowed the DSP to go with a client at the family’s request. The family paid for the DSP’s travel expenses in order to have support. We paid them for 8 hours a day of supports provided. While this was certainly a unique situation – this individual had never been on a family vacation with his family – and this could allow that to happen. We put in writing the terms with the employee and the family. For all involved – it was an amazing outcome.
Our organization has done this. It had to be within the State so we could still bill and the client was not a 24/7 client. We only paid the staff their standard daily hours.
Due to DOL rules we do not allow staff to take an individual on vacation.
In the past our organization has had staff take individuals on vacation and yes we paid the staff. What we do as an agency is discuss with the staff that we pay them 16 hours and allow 8 hours of sleep time. We have the staff sign an agreement of understanding so they know the expectation of the number of hours they will be paid.
We have not had a vacation scenario, but we have a client who goes to camp for 3 days every year and we provide a staff during camp. That staff takes him, stays with him and brings him home when camp is over. He is an hourly employee and we pay him for 16 hours per day and he has 8 unpaid hours to sleep or do whatever he wants/needs to do. If someone is responsible for a client for all of those hours and they're an hourly employee, I think you would have to pay them for the entire time.