Written by attorney Jacob Iraj Kiani | Aug 19, 2013

What is the Law in California on Makeup Time?

What is Makeup Time and How Does a California Employer Comply with California Makeup Time Law?

An employer is not obligated to, but may, upon an employee's request, allow makeup time under certain conditions. makeup time allows an employee to request time off for a personal obligation and makeup the time without receiving overtime pay.

If an employer chooses to allow makeup time, the employer must comply with the following:

  • While an employer in California may inform an employee of the makeup time option, a California employer may not encourage or otherwise solicit an employee to request approval for makeup time;
  • An employee may work no more than 11 hours on another work day, and no more than 40 hours in a work week, to makeup the time off;
  • The time must be made up within the same work week; and
  • The employee must provide the employer with a sign, written request for each occasion that he or she desires makeup time.

There is an exception to the typical requirement of a signed written request from the employee to the employer stating that the employee wishes to make use of the makeup time option. If an employee knows in advance that he or she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to makeup work time for up to four weeks in advance. However, the makeup work must be performed in the same work week that the work time was lost.

If an employee requests time off for a personal obligation, but does not submit a written request, which will be required for makeup time, an employer may inform the employee of the makeup time option. However, since an employer is prohibited from "encouraging or otherwise soliciting" an employee to request makeup time, an employer may not condition granting the employees request on his or her agreement to submit a written request for making up the time.

Additional resources provided by the author

Wage and Hour Law Glossary of Wage and Hour Terms Overtime Law FAQ Link to Overtime Law sections of CA Labor Code Which Wage Order? Index of Businesses and Occupations for Wage Order Classifications Waiting Time Penalties FAQ Deductions from Wages FAQ Minimum Wage FAQ Pay Periods and Final Wages FAQ Reporting Time Pay FAQ Tips and Gratuities FAQ Employee Handbook Resources Top Five Social Media / Internet Use Policies for an Employee Handbook Free HR Downloads Basic Employee Handbook Download Five Key Workplace Policies Every Employer Should Know Free Discipline Policy Free Non-Discrimination Policy Free Employee Handbook Acknowledgment Form Free Termination Procedures Guide Human Resources Law - General CalChamber HR California Useful Table of Which HR Laws Apply to California Employers Link to Free New Hire Forms Paid Family Leave Poster Social Security Number Verification Service Sample Technology and Cell Phone Policy Paid Family Leave Brochure Unbundled Legal Services Unbundled Legal Services Legal Document Review Service Legal Advice by Telephone Attorney Prepared Online Legal Documents Legal & Court Coaching Service Family and Medical Leave Law Guidelines for Drafting Sick Leave Policies Eight Common FMLA Mistakes California Employers Make Complying with the FMLA Meal and Rest Period Law Meal Period and Rest Break Basics Free Human Resources Forms Free California Human Resources Downloads

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