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.