Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Make-up time in California lets non-exempt employees offset missed hours without losing pay under defined legal rules. This guide covers overtime exceptions, employee rights, and employer duties for make-up time requests under state labor laws.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. How can I obtain make-up time?

3. Does that go toward calculating my overtime?

4. Can employees who are exempt avail make-up time?

5. What distinguishes this from comp time?

Introduction

Make-up time is extra time spent in the workplace to compensate for a brief absence earlier in the week for non-exempt workers in California. A request in writing for make-up time is required.

Generally speaking, makeup time is not included as your extra hours. Make-up time cannot be encouraged by your company.

For the purpose of picking up her kid from school on Tuesday, for example, Loretta departs work an hour early. Her job schedule is 8 am to 5 pm (Friday). Loretta requests that her supervisor allow her to work until 6 pm. This is to make up for the time she lost on Tuesday. The boss grants her request.

Make-up time has multiple uses. It

Allows employees some schedule flexibility without requiring them to forfeit hours or pay,
Guarantees that all job-related tasks are completed within a given week, and
Assists employees in responding to unforeseen circumstances and other unanticipated situations without depending on other types of paid time off (PTO), such as vacation or sick leave.

The California Labor Code 513 specifically permits make-up time. However, before granting you make-up time, certain companies need prior notice.

How can I obtain make-up time?

You must submit a written request for make-up time in California. That document has to be approved. Every time you need make-up time, you must submit a fresh written request.

Most importantly, you must ask for make-up time. Using the make-up time to make up for time missed at work is not something your employer should promote.

It is up to you to decide whether or not to ask for make-up time. This is done to stop employers from forcing their employees to do the extra labor.

Does that go toward calculating my overtime?

If specific guidelines are met, working make-up time is not taken into account for calculating overtime.

As a non-exempt worker, you have a right to overtime compensation under the Fair Labor Standards Act (FLSA) and California employment law if you work more than:

Eight hours in a workday,
Forty hours in a week, or
Six days in a week.

You will be paid 1.5 times your regular rate of pay for any hours over these limits.

Usually, your make-up time at work only makes up for the hours you missed; it doesn’t add any more work to your overtime total. There are certain exceptions, though.

Exceptions

You are eligible for overtime compensation for the make-up time if one or more of the circumstances that follow occur:

You work over forty hours a week because of the make-up time, or
It makes you work more than eleven hours a day, or
A separate workweek is used for the make-up period.

You have the right to overtime compensation for the total number of hours you work during make-up time if any of the above scenarios apply.

To pick up her kid from school on Tuesday, for example, Loretta had to skip an hour of work. Loretta will work a full hour of make-up time on Thursday of next week, as agreed upon by her and her supervisor. Loretta works 40 hours every week. According to this agreement, she would work thirty-nine hours during the initial week and forty-one hours during the second week. In the second week, Loretta would be eligible for overtime compensation for her one hour of make-up time.

Additionally, your employer can be responsible for overtime compensation if they are unable to demonstrate that the hours you worked were make-up time.

In this case, Loretta and her supervisor verbally agree that she will work overtime the next day in order to fulfill a personal commitment. In an effort to make up the missed time, Loretta ends up working seven hours one day and nine hours the following. Since there is no form of request demonstrating that the agreement was compensatory time, Loretta’s employer might be responsible for one hour of overtime compensation.

You may sue your employer under California’s wage and hour legislation if they are not meeting their overtime obligations.

Can employees who are exempt avail make-up time?

No. Only non-exempt workers are permitted to use make-up time.

Many of the legal safeguards provided by California’s labor laws are not applicable to exempt employees. It includes minimum salary, overtime compensation, and breaks for meals and rest.

On every workday that they carry out their duties, exempt employees receive payment for an entire day.

What distinguishes this from comp time?

In California, comp time and makeup time are not the same thing.

Make-up time allows you to make up for a previous absence by working an equivalent amount of time. Usually, you get paid for the make-up time at your usual rate.

Comp time allows you to put in more hours during one workweek in return for an extra week off. According to California law, you can only get it if you put in forty hours or more during a workweek. Your overtime rate must be applied to the time off you earn.

As an illustration, Loretta consents to work four more hours on Saturday. She receives six hours of paid time off from work in return (4 hours times 1.5).

Another way that comp time differs from make-up time is that it needs to be approved by your formal employment contract. Comp time isn’t accessible to you if it is not specified in your employment contract.

Similar to make-up time, you must, however, submit a written request to be compensated in comp time as opposed to overtime.

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Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Introduction

How can I obtain make-up time?

Does that go toward calculating my overtime?

Can employees who are exempt avail make-up time?

What distinguishes this from comp time?

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