• Finley Employment Law

Make-Up Time: Making up for Taking Time Off



Make-up time is when a non-exempt employee takes time off from work on a certain day of the workweek and then “makes up” for that time by working the equivalent number of hours on another day during the same workweek. For example, let's say you want to take off two hours on Monday due to some personal obligations. Make-up time allows you to take off two hours on Monday and then “make up” that time on Thursday (when you will work two extra hours). You can also switch the order, meaning that you can work two extra hours on Monday to make up for the two hours that you will be taking off on Thursday.

Of note, make-up time does not count towards overtime. Thus, in this example, if by working make-up time on Thursday, you end up working ten hours that day, your employer does not owe you overtime for the ninth and tenth hours, provided that all of the following requirements are met:

No. 1: The make-up time must occur in the same workweek that you took (or will take) time off.

No. 2: You must provide your employer with a signed written request for each occasion that you request to make up work time.

No. 3: Your employer must approve your signed written request.

No. 4: On workdays that you work make-up time, you may not work more than 11 hours that workday. On workweeks that you work make-up time, you may not work more than 40 hours during that workweek.

No. 5: Your employer may not encourage or otherwise solicit you to request make-up time.

If you have questions about make-up time, call ((916) 612-0326) or email (contact@finleyemplaw.com) Finley Employment Law today. We serve clients throughout California, including Sacramento, Folsom, Roseville, Granite Bay, and Elk Grove.

The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.

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