Legal Question in Employment Law in California

Make-up Time

What are the regulations for offering 'make-up time' to employees? May we allow employees to bank make-up time early in a workweek to allow them to take personal time off later the same workweek, or does 'make-up time' have to be after the fact? In other words, if an employee requests time off on a certain day to take care of a personal matter, may they work more hours the preceeding days in anticipation of the time they will be away from work?

Thanks.


Asked on 4/03/03, 9:51 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Make-up Time

The rules regarding makeup time are very strict and limited. The employee must request make up time in writing, to make up for time lost due to a personal obligation. If approved by the employer, the makeup time must be performed within the same work week in which the time was lost, in order for it to not be counted towards any overtime. In no case may the makeup time account for more than 11 hours in a day without overtime liability. The employer must provide a signed written request for each occasion an employee makes a request for makeup time. The request for makeup time must come voluntarily from the employee. Employers may not ecourage or solicit employees to request it. For reference, you should look at California Labor Code Section 513.

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Answered on 4/04/03, 12:33 am


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