Reduction in hours and direct care providers unemployment questions [Oregon]
Warning: Complicated employment situation involving multiple parties but unfortunately, it's not an uncommon situation (especially with recent Medicaid cuts,) so this could be helpful for others.
Three of my family members are paid live-in direct care professionals (DSP) for two other adult family members (clients) with severe IDD (receive 24/7 care under Medicaid.) They've worked for the same agency for more than 6 years, receive full benefits and significant overtime—25 to 30 hrs/week. Client 1 is moving into a nearby group home in 2-4 weeks. Two DSPs (A, B) have only worked for this client, but are approved for both to fill in during vacations/illness if needed. The third DSP (C) works for both clients. The remaining client(2) has two other DSPs, one who is planning on leaving mid-July, and that will create an opening for another DSP.
So in 2-4 weeks, two of the DSPs will lose all their hours, and the third will have their hours reduced by 60%. Normally, they would just go to the agency and see if they could pick up new clients. This is where is gets complicated.
- A doesn't drive, even though it is a requirement for the agency; they were granted an exemption because they either only work overnight or as a 2:1 with another (driving) 1:1 DSP, and the client approved. DSP is early 20s and a part-time college student.
- B, while generally healthy, is over 70 (they are the clients' parent.)
- C's part-time schedule with client 2 will make them less appealing to other clients.
- A and C planned a vacation months ago—beginning mid-June for 3 weeks. B will fill in for C's part-time hours with client 2.
- From mid-July on, B will likely have no hours other than filling in unplanned absences or for two vacations (in Sep and Oct.) C will be full-time w/ client 2, A will still be part-time.
The agency doesn't participate in Work Share. Can any of these employees get unemployment if the agency cannot find temporary clients during the weeks they are available? Will they be required to look for employment with other DSP agencies? C in particular is overqualified for this work (multiple advanced degrees in another field) and only did the work because the agency couldn't find anyone during Covid; they would like to look for work in their field, including starting their own business.
Thanks for any help this community can provide.