Make-Up Time

Make-Up Time vs Comp Time: The Essential Guide You Need in 2025

Makeup time offers employees a valuable way to balance work with personal obligations without losing pay. When unexpected personal matters arise, we often need flexibility in our schedules, and makeup time provides exactly that. Unlike compensatory time (comp time), makeup time must be completed within the same workweek and is paid at the regular rate.

While both options provide scheduling flexibility, they serve different purposes. The makeup time meaning is straightforward – it allows employees to make up for lost time due to personal reasons, whereas comp time is earned by working overtime. Specifically, California Labor Code section 513 requires a signed written request for each makeup time occasion, making documentation essential. Additionally, a proper makeup time table should ensure employees don’t exceed 11 hours in a day or 40 hours in a week to avoid overtime implications.

In this comprehensive guide, we’ll explore the critical differences between these two time management approaches, their legal requirements, and how to implement them correctly in 2025.

What is makeup time and how does it work?

For non-exempt employees, makeup time represents a flexible scheduling arrangement that allows them to work additional hours on one day to make up for time missed on another day. Essentially, it’s a way for employees to take care of personal matters without losing pay or using their paid time off.

Definition and makeup time meaning

Makeup time refers to additional hours worked to compensate for brief absences from work earlier in the same workweek. In California, Labor Code 513 LC explicitly permits this practice, allowing employees to maintain their work hours despite personal obligations that might otherwise result in lost wages.

Makeup time primarily serves three important functions:

It provides scheduling flexibility for employees without reducing their work hours or pay

It ensures all job responsibilities are completed within the workweek

It offers an alternative to using paid time off like sick leave or vacation days when unforeseen circumstances arise

Furthermore, makeup time creates a win-win situation for both parties – employees maintain their income while employers ensure productivity goals are met. Nevertheless, it’s crucial to understand that makeup time is employee-initiated and cannot be encouraged or mandated by employers.

When employees typically use makeup time

Employees generally request makeup time for personal or unexpected reasons that require brief absences during regular work hours. Common scenarios include:

Medical appointments that can’t be scheduled outside work hours, family emergencies requiring immediate attention, school-related activities for children, and other unforeseen personal circumstances.

For instance, an employee might need to leave work early to pick up a child from school but then work additional time later in the week to compensate for those hours. These situations highlight the importance of makeup time in helping employees balance their work and personal responsibilities.

In fact, makeup time is particularly valuable for workers who need flexibility but can’t afford to lose income. According to workplace experts, the arrangement helps maintain productivity while accommodating unavoidable personal obligations.

Makeup time table: how it fits into a workweek

The implementation of makeup time follows specific guidelines to ensure compliance with labor laws. Generally, makeup time must be requested in advance through a signed written document, which must be submitted for each separate occasion. This formal process helps create a clear record and prevents misunderstandings.

Regarding scheduling, there are important limitations to consider. Makeup time must typically be worked within the same workweek as the missed time. This requirement prevents employers from carrying makeup hours across multiple pay periods, which could otherwise create complications with overtime calculations.

Moreover, makeup time cannot cause an employee to work more than 11 hours in a single day or 40 hours in a workweek without triggering overtime pay requirements[10]. These limitations are in place to prevent potential abuse of the system and ensure employees aren’t working excessive hours.

The procedure for arranging makeup time generally follows these steps: First, the employee submits a written request explaining the reason for missed time and proposed makeup schedule. Then, the supervisor reviews and approves based on business needs. Finally, the employee completes the makeup hours as agreed and accurately records them in the time tracking system.

Consequently, when properly implemented, makeup time serves as a valuable tool for both employees and employers, offering flexibility while maintaining productivity and compliance with labor regulations.

Understanding comp time and its purpose

Compensatory leave time offers a different approach to flexibility than makeup time, allowing employees to bank paid time off instead of receiving overtime pay. This alternative compensation method has gained popularity in certain sectors as employers seek ways to balance operational needs with employee preferences.

What is compensatory time?

Compensatory time, commonly referred to as comp time, is paid time off that employers provide to employees in lieu of overtime pay for hours worked beyond their regular schedule. Rather than receiving monetary compensation, employees accumulate paid leave they can use later. This arrangement differs fundamentally from makeup time, which addresses lost time within the same workweek, whereas comp time functions more like a time bank for future use.

The concept operates under specific legal frameworks, primarily the Fair Labor Standards Act (FLSA), which sets clear guidelines about who can receive comp time and under what circumstances. Correspondingly, comp time serves as a benefit for both employers who can manage labor costs and employees who value additional time off over extra pay.

How comp time is earned

Employees earn comp time through a straightforward calculation: for every hour of overtime worked, they receive 1.5 hours of paid time off. This ratio mirrors the standard overtime pay rate of time-and-a-half. For example, if an employee works 44 hours in a workweek (4 hours of overtime), they would earn 6 hours of comp time (4 × 1.5).

Eligibility for comp time varies significantly based on sector and employment classification:

Public sector employees can legally receive comp time if they’re non-exempt under FLSA

Private sector employees generally cannot receive comp time instead of overtime pay under federal law

Exempt employees typically don’t qualify for either comp time or overtime pay

Indeed, public employees have specific accrual limits – most can accumulate up to 240 hours of comp time, while law enforcement, emergency responders, and certain safety workers may accrue up to 480 hours. Prior to working overtime, employees must know they’ll receive comp time rather than overtime pay, and in many cases, must agree to this arrangement beforehand.

When comp time can be used

Once earned, comp time doesn’t last indefinitely. Primarily, employees must use their accrued comp time within specific timeframes – typically 26 pay periods (approximately one year) from when they earned it. If unused within this period, different rules apply depending on the employee’s classification.

For FLSA-exempt employees who don’t use their comp time within 26 pay periods, employers may either:

Pay them for the unused hours at the overtime rate in effect when earned

Require them to forfeit the unused time (unless due to circumstances beyond the employee’s control)

Alternatively, FLSA-nonexempt employees must receive payment for any unused comp time after 26 pay periods at the overtime rate in effect when it was earned. This requirement also applies if the employee transfers to another agency or separates from service.

Employers must allow employees to use their accumulated comp time as long as it doesn’t “unduly disrupt” essential business operations. Evidently, this balance ensures employees can benefit from their earned time while maintaining workplace productivity.

Unlike makeup time arrangements, where employees must complete missed hours within the same workweek, comp time provides greater flexibility for future use, making it advantageous for employees who prefer time off over additional pay.

Key differences between makeup time and comp time

While both makeup time and comp time offer workplace flexibility, they function under fundamentally different principles. Understanding these key differences helps employees and employers implement the correct option based on specific needs.

Timing and usage rules

The most significant distinction between these arrangements lies in when hours can be utilized. Makeup time must be completed within the same workweek as the lost time, ensuring no carryover between pay periods. Conversely, comp time can be banked and used at a later date, often with limits on accrual—typically capped at 240 hours.

Although both provide scheduling flexibility, makeup time specifically addresses personal obligations causing missed work, whereas comp time rewards additional hours worked beyond regular schedules. In essence, makeup time cannot exceed 11 hours in a single day or 40 hours in a workweek without triggering overtime requirements.

Compensation and pay rate differences

The calculation methods for these arrangements differ substantially:

Makeup time operates on a 1:1 basis—one hour of makeup for each hour missed

Comp time follows overtime rules, providing 1.5 hours of paid time off for each overtime hour worked

For instance, when using makeup time, an employee who misses 3 hours for a doctor’s appointment would work exactly 3 additional hours another day that week. However, with comp time, working 4 overtime hours would yield 6 hours (4 × 1.5) of future paid time off.

Legal documentation and agreements

Both arrangements require proper documentation, albeit with different specifications:

For makeup time, employees must submit a signed written request for each occurrence, and employers cannot encourage or solicit makeup time requests. Comparatively, comp time requires a written agreement between employer and employee (or employee representative) established before overtime work begins.

Upon employment termination, unused comp time must be paid at either the final regular rate or the average rate over the last three years—whichever is higher.

Makeup for lost time vs earning future time off

At their core, these arrangements serve opposite purposes. Makeup time helps employees recover hours already lost due to personal obligations, maintaining consistent pay without using vacation time. Simultaneously, comp time functions as a reward system for working additional hours, creating a bank of paid time off for future use.

This fundamental difference explains why public sector employers commonly offer comp time (reducing immediate overtime expenses), while makeup time appeals to employees seeking to balance personal needs without income loss.

Legal rules and compliance in 2025

“There is no such thing as private knowledge in academia. An idea kept private is as good as one you never had.” — Sönke Ahrens, Author and academic writing expert

Navigating the legal landscape for alternative work arrangements requires careful attention to detail in 2025. Both employers and employees must understand the specific requirements that govern makeup time and comp time to avoid costly violations.

California Labor Code and federal laws

California Labor Code 513 LC explicitly permits makeup time, allowing employees to work additional hours to compensate for personal obligations. Meanwhile, the Fair Labor Standards Act (FLSA) strictly limits comp time primarily to public sector employees. Private sector employers generally cannot offer comp time in lieu of overtime pay under federal law.

Furthermore, as of January 1, 2025, exempt employees in California must receive a minimum annual salary of ₹5,791,874.14 to maintain their exempt status. This threshold affects which employees qualify for overtime protections versus alternative arrangements.

Written request requirements

For makeup time to be legally valid, several documentation requirements must be met:

• A separate written request is required for each occasion makeup time is used
• The request must be signed by the employee
• Approval must be granted in writing before the employee takes time off or works makeup time
• Employers cannot encourage or solicit employees to use makeup time

Notwithstanding these requirements, employers can inform employees about makeup time as an option.

Overtime implications and exceptions

Despite makeup time arrangements, overtime rules still apply in certain situations. An employee becomes entitled to overtime pay if makeup time causes them to work:

• More than 11 hours in a single day
• More than 40 hours in a workweek
• In a different workweek than when the time was missed

Additionally, if employers cannot prove hours worked were makeup time, they may be liable for overtime payments.

Exempt vs non-exempt employee eligibility

Only non-exempt employees can utilize makeup time. Exempt employees, by definition, are excluded from overtime provisions, minimum wage requirements, and makeup time arrangements. Likewise, comp time eligibility varies based on classification—public sector employees may receive comp time, whereas private sector options are severely limited.

In accordance with 2025 regulations, highly compensated employees earning at least ₹12,755,286.47 annually are typically exempt from overtime requirements.

Common mistakes and how to avoid them

Employers often make critical errors when implementing makeup time and comp time policies. Recognizing these common pitfalls helps organizations maintain compliance and avoid costly penalties.

Assuming all employees qualify

One widespread misconception is that all workers can use makeup time arrangements. In reality, only non-exempt employees qualify for makeup time. Exempt employees, by definition, are ineligible for both makeup time and overtime provisions. Similarly, private-sector employees generally cannot receive comp time instead of overtime pay under federal law. Public-sector employers, however, can legally offer comp time, but strictly to non-exempt employees.

Misunderstanding overtime triggers

Unfortunately, many employers fail to understand when makeup time activates overtime requirements. Makeup time should not trigger overtime when properly managed. Nevertheless, if makeup hours cause an employee to work more than 11 hours in a day or exceed 40 hours in a workweek, overtime pay becomes mandatory. Additionally, makeup time must occur within the same workweek as the missed time—crossing workweeks automatically creates overtime liability.

Failing to document requests properly

Documentation errors represent another serious compliance risk. For makeup time to be valid:

Each request must be in writing and separately documented

Employers cannot initiate or encourage makeup time requests

Approvals must be documented before implementation

Without proper records, employers may face wage claims and regulatory penalties. Subsequently, maintaining detailed documentation protects both parties during potential audits or disputes.

Confusing makeup time with comp time

Many organizations mistakenly use these terms interchangeably, creating compliance risks. Here are the critical distinctions:

• Makeup time compensates for lost hours in the same week; comp time rewards overtime work for future use
• Makeup time operates on a 1:1 ratio; comp time follows a 1:1.5 ratio
• Makeup time is available to private employers; comp time is primarily limited to public sector

Above all, understanding these fundamental differences helps employers implement the correct policy for their specific needs and workforce classifications, thereby avoiding legal complications and ensuring fair compensation practices.

Conclusion

Final thoughts on effective time management strategies

Understanding the distinctions between makeup time and comp time ultimately helps both employers and employees navigate workplace scheduling effectively. Throughout this guide, we’ve explored how makeup time serves as a valuable tool for addressing personal obligations within the same workweek, while comp time functions as a future benefit earned through overtime work.

Legal compliance stands as the cornerstone of any successful time management policy. Employers must specifically document each makeup time request, ensure proper eligibility, and maintain awareness of overtime thresholds. Public sector organizations can take advantage of comp time arrangements, though private companies face significant restrictions under federal law.

Workplace flexibility continues to rank among the most desired employee benefits in 2025. Accordingly, organizations that properly implement these options gain competitive advantages in talent acquisition and retention. Many employees value the opportunity to balance personal needs without sacrificing income, particularly when facing unexpected life events.

Careful attention to documentation requirements saves companies from potential wage claims and regulatory penalties. This careful approach benefits everyone involved – employers avoid legal complications while employees maintain their income and work-life balance.

Remember that classification matters tremendously when determining eligibility. Non-exempt employees qualify for makeup time arrangements, while exempt workers fall under different regulations entirely. Failure to recognize these distinctions consequently leads to compliance issues and potential financial penalties.

Companies looking to implement either system should consult with legal experts familiar with both federal regulations and state-specific requirements. California employers face additional considerations under Labor Code 513 that demand particular attention to detail.

Flexible scheduling options will undoubtedly continue evolving alongside changing workplace dynamics. Employers who master these arrangements now position themselves advantageously for future workforce management challenges while building stronger relationships with their teams.

FAQs

Q1. How does makeup time differ from comp time?

Makeup time allows employees to work extra hours within the same workweek to compensate for personal time off, while comp time is earned by working overtime and can be used as paid time off in the future. Makeup time is typically available in private sectors, whereas comp time is primarily offered in public sector jobs.

Q2. What are the legal requirements for implementing makeup time?

Makeup time requires a signed written request from the employee for each occurrence. It must be completed within the same workweek and cannot exceed 11 hours in a day or 40 hours in a week without triggering overtime. Employers cannot encourage or solicit makeup time requests, and only non-exempt employees are eligible.

Q3. How is comp time calculated and used?

Comp time is typically calculated at a rate of 1.5 hours of paid time off for each hour of overtime worked. For instance, if an employee works 4 overtime hours, they would earn 6 hours of comp time. This time can usually be used within a specified period, often up to 26 pay periods from when it was earned.

Q4. Can all employees use makeup time or comp time arrangements?

No, not all employees qualify for these arrangements. Only non-exempt employees are eligible for makeup time. For comp time, eligibility is primarily limited to public sector employees, with strict limitations for private sector workers under federal law. Exempt employees are generally not eligible for either arrangement.

Q5. What are common mistakes employers make with makeup time and comp time?

Common mistakes include assuming all employees qualify, misunderstanding overtime triggers, failing to properly document requests, and confusing makeup time with comp time. To avoid these errors, employers should clearly understand the distinctions between the two, maintain proper documentation, and be aware of the specific legal requirements for each arrangement.