Breaks & Long Shifts

Oregon homecare providers may work alone in a consumer’s home, work for more than one consumer-employer, or provide services when a consumer cannot safely be left without support. These circumstances can make meal periods, rest breaks, overtime, and long-shift scheduling more complicated than they are in a traditional workplace.

This page provides general guidance for Homecare Workers (HCWs), Personal Support Workers (PSWs), and Personal Care Attendants (PCAs). The rules that apply may depend on the provider’s employment arrangement, the length of the work period, whether the provider is relieved of all duties, and the consumer’s authorized service needs.

Do not leave a consumer without necessary support or record time inaccurately to create a break. When an authorized schedule does not allow required breaks or creates an unsafe or unworkable shift, contact the consumer’s case manager, personal agent, service coordinator, local office, or other responsible program before changing the service schedule.

MHC provides general information and cannot determine whether a particular work arrangement complies with wage-and-hour law. The Oregon Bureau of Labor and Industries (BOLI), the responsible provider program, or a qualified representative should address questions about an individual situation.

Oregon’s General Meal and Rest-Break Rules

Oregon’s general rules for nonexempt adult employees include:

Rest Breaks

• A paid rest break of at least 10 minutes is generally required for every four-hour work segment or major portion of four hours worked.
• A “major portion” means more than two hours.
• Rest breaks should be taken as close as practical to the middle of each work segment.
• A rest break is separate from a meal period. It should not be combined with a meal period or used to begin work late or leave work early.

Meal Periods

• A meal period of at least 30 minutes is generally required when the work period is six hours or longer.
• An unpaid meal period requires the worker to be relieved of all work duties.
• If a provider must continue monitoring, assisting, or responding to the consumer, the provider may not be completely relieved of their duties.

Homecare Work May Require Individual Review

Homecare providers should not assume that a scheduled gap automatically qualifies as an unpaid meal period. The provider must actually be relieved of work responsibilities.

When a consumer’s authorized needs prevent the provider from taking an uninterrupted meal period or rest break, the provider should document the concern and contact the program responsible for the service schedule. Do not leave the consumer in an unsafe situation, perform unpaid work, or change authorized service hours without guidance.

Breaks by Work-Period Length

Oregon BOLI provides the following general schedule for adult employees:

• 2 hours or less — No rest break; no meal period
• 2 hours and 1 minute through 5 hours and 59 minutes — 1 paid rest break; no meal period
• Exactly 6 hours — 1 paid rest break; 1 meal period
• 6 hours and 1 minute through 10 hours — 2 paid rest breaks; 1 meal period
• 10 hours and 1 minute through 13 hours and 59 minutes — 3 paid rest breaks; 1 meal period
• Exactly 14 hours — 3 paid rest breaks; 2 meal periods
• 14 hours and 1 minute through 18 hours — 4 paid rest breaks; 2 meal periods
• 18 hours and 1 minute through 21 hours and 59 minutes — 5 paid rest breaks; 2 meal periods
• Exactly 22 hours — 5 paid rest breaks; 3 meal periods
• 22 hours and 1 minute through 24 hours — 6 paid rest breaks; 3 meal periods

A work period generally runs from the time work begins until the time work ends. Paid rest breaks are included in the work period. A genuine unpaid meal period during which the provider is relieved of all duties is generally excluded.

This schedule describes Oregon’s general requirements. It does not determine whether a particular provider’s schedule, authorized hours, live-in arrangement, relief-care assignment, or other homecare situation qualifies for an exception or requires different treatment.

When You Cannot Be Completely Relieved of Duties

An unpaid meal period generally requires the provider to be relieved of all work duties. A provider may not be completely relieved when they must:

• Continue actively monitoring the consumer
• Remain available to respond immediately
• Assist with personal care, medication, mobility, behavior, safety, or another authorized need
• Interrupt the meal period to provide services
• Remain on-call at the worksite under conditions that prevent genuine personal time

Requiring a worker to remain at the worksite does not, by itself, always make a meal period paid. However, when the worker must remain on the premises and on-call, BOLI states that the worker has not been completely relieved of all duties.

Under limited exceptional circumstances, work duties may occur during a meal period. When that happens, Oregon’s general rule requires the entire meal period to be paid.

What the Provider Should Do

If you cannot take an uninterrupted meal period or rest break because of the consumer’s needs:

1. Protect the consumer’s health and safety.

2. Record what occurred, including when the interruption happened and what service was required.

3. Report all time worked accurately using the system required for your provider type.

4. Contact the case manager, personal agent, service coordinator, local office, PCA Program, or other responsible program.

5. Ask whether the service plan, authorized schedule, backup coverage, or other arrangement needs to be reviewed.

Do not record an unpaid meal period if you continued performing work merely because one appeared on a planned schedule. At the same time, do not add unauthorized service hours or extend a claim without contacting the program responsible for authorizing and paying the work.

Long Shifts, Overtime and Weekly Hour Limits

A long shift may require additional meal periods and rest breaks, but a long shift does not automatically qualify for overtime. Under the current Homecare Collective Bargaining Agreement, overtime is generally based on the provider’s total authorized hours worked during the workweek.

The Homecare Workweek

The regular workweek runs:

Sunday at 12:00 a.m. through Saturday at 11:59 p.m.

Overtime Pay

Represented providers are paid one and one-half times their applicable hourly rate for authorized hours worked beyond 40 hours during the workweek.

If a provider works at more than one hourly rate, overtime is calculated using the provider’s weighted average hourly wage. The contract allows overtime payments to be processed no later than 36 days after the provider properly submits their time.

Weekly Provider-Hours Limit

Providers generally may not work more than 60 hours during a workweek.

A Consumer/Employer may request an exception from ODHS, OHA, or its designee when an exception is needed because of a workforce shortage or to meet other service needs of the consumer. The exception must be approved through the responsible program.

If a provider believes the consumer needs services that would require the provider to exceed the weekly limit, the provider should:

1. Discuss the concern with the consumer or the consumer’s representative.

2. Ask whether they want to request an exception.

3. Contact the responsible Case Management Entity if the consumer or representative does not request an exception or additional guidance is needed.

Important

• Do not work more hours than are authorized merely because the consumer has unused monthly hours.
• Do not assume that monthly authorized hours eliminate the weekly limit.
• Work performed for multiple consumers may count toward the provider’s weekly total.
• Obtain required approval before regularly working beyond the applicable weekly limit.
• Report all hours actually worked accurately and contact the responsible program immediately when an emergency affects the scheduled or authorized hours.

Special Rules for 24-Hour PSW Relief Care

The current Homecare Collective Bargaining Agreement contains special payment rules for certain 24-hour Personal Support Worker (PSW) relief-care assignments.

A 24-Hour Relief Care Provider is a PSW who provides substitute services during an approved 24-hour period. This is a specific relief-care arrangement and should not be confused with an ordinary long shift or a provider simply remaining in the consumer’s home.

Payment for Approved 24-Hour Relief Care

For an approved 24-hour relief-care assignment:

• The PSW is paid at least 16 hours at the provider’s base rate.
• Direct-care services performed during the consumer’s normal sleep schedule must also be paid.
• Services provided during the consumer’s normal sleep hours are recorded and paid in 15-minute increments.
• A relief provider may be paid for more than 19 hours during the 24-hour period only in an emergency situation.

Before Accepting a 24-Hour Assignment

The provider and Consumer/Employer should notify the responsible local office or Case Management Entity about the need for substitute relief care. The office should confirm:

• That the assignment qualifies as 24-hour relief care
• The authorized services and expected schedule
• The provider’s applicable wage rate
• How sleep-time interruptions and direct-care services must be documented
• How the provider should submit the hours for payment

Record Every Interruption

If the consumer needs direct care during their normal sleep schedule, record when the service began, when it ended, and what authorized assistance was provided. Do not assume that the guaranteed minimum payment covers additional direct-care work performed during the sleep period.

A provider who is expected to remain awake or provide frequent assistance throughout the night should contact the responsible program promptly. The consumer’s assessed needs, staffing plan, authorized hours, or type of assignment may need to be reviewed.

Keep Clear Records and Ask for Help Early

Break, scheduling, and overtime problems are easier to address when the provider keeps accurate records.

Record:

• The date and consumer connected to the shift
• The scheduled and authorized start and end times
• The actual time worked
• When meal periods and rest breaks were taken or attempted
• Whether a meal period or rest break was interrupted
• What authorized service or safety need caused the interruption
• Who was notified about the problem and when
• Any instructions received from the Consumer/Employer, case manager, personal agent, service coordinator, local office, or provider program

Do not include unnecessary private medical information in a general complaint or ordinary email. Provide only the information requested through an appropriate official process.

Where to Start

Homecare Workers (HCWs)

Contact the local ODHS or Area Agency on Aging office responsible for the consumer’s service plan and the provider’s authorized hours.

Personal Support Workers (PSWs)

Contact the CDDP, Support Services Brokerage, CIIS program, personal agent, service coordinator, or other Case Management Entity responsible for the consumer’s services.

Personal Care Attendants (PCAs)

Contact the PCA Program or the program representative responsible for the consumer’s authorized services and provider schedule.

Questions About Oregon Break Law

Contact the Oregon Bureau of Labor and Industries (BOLI) for general information about Oregon meal-period, rest-break, and wage-and-hour requirements.

Questions About the Homecare Contract or Representation

Represented HCWs, PSWs, and PCAs may contact the SEIU 503 Member Assistance Center with questions about contract rights, overtime, scheduling concerns, or possible representation.

Payment Problems

If properly reported hours, overtime, or other authorized payments are missing or incorrect, follow the official OHCC Payment Issues process.

Is something on this page outdated or incorrect?

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