Make-Up Time Policy: Can Hourly Employees Make Up Missed Hours?
Quick Answer
Yes, hourly employees can usually make up missed time, but under federal law the make-up hours must fall in the same workweek to avoid overtime. The Fair Labor Standards Act treats each workweek separately and doesn't allow averaging hours over two or more weeks, so 30 hours one week and 50 the next means 10 hours of overtime in the second week. States with daily overtime, such as California, add more limits. A written make-up time policy keeps it fair and compliant.
An employee leaves two hours early on Tuesday for a parent-teacher conference and asks to stay two hours late on Thursday to make it up. Another misses a full shift for a family event and offers to pick up an extra shift next week instead. Both requests sound reasonable, and both employees want to keep their full paycheck. But only one of them works cleanly under federal overtime rules.
Make-up time is a simple, flexible benefit that many hourly employees appreciate. Done wrong, it can create overtime you didn't plan for. This guide explains how make-up time works, the federal rule that matters most, how state daily overtime laws can change things and how to write a clear make-up time policy.
Note: This is general information, not legal advice. This guide covers hourly, non-exempt employees under federal law. State laws vary, and some states have their own overtime and make-up time rules. Check your state labor department or an employment attorney for your situation.
What Is Make-Up Time?
Make-up time is when an employee who misses scheduled work hours for a personal reason works extra hours at another time to make up the lost pay. It's different from paid time off, because the employee is working the hours rather than being paid for time away. It's also different from overtime, which is extra work your business needs.
| Option | What happens | Pay impact |
|---|---|---|
| Make-up time | Employee works the missed hours at another time | Employee keeps their usual pay; may or may not create overtime |
| PTO | Employee uses paid time off for the missed hours | Paid from PTO balance |
| Unpaid time | Employee takes the time without pay | Paycheck is lower |
| Shift swap | Employee trades the shift with a coworker | Hours move between employees |
Many businesses offer more than one of these, and let employees choose. See what a normal PTO policy looks like and flextime policy templates for related options.
The Key Federal Rule: Each Workweek Stands Alone
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay of at least one and a half times their regular rate for hours worked over 40 in a workweek. Department of Labor regulations say the Act takes a single workweek as its standard and does not permit averaging hours over two or more weeks.
That's the rule that decides whether make-up time is "free" or creates overtime:
| Scenario | Week 1 | Week 2 | Overtime owed? |
|---|---|---|---|
| Make up in the same workweek | Mon short 4 hours, Thu extra 4 hours = 40 | 40 | No |
| Make up in the next workweek | 36 | 44 | Yes, 4 hours in Week 2 |
| Miss a week, double up later | 30 | 50 | Yes, 10 hours in Week 2 |
The Department of Labor's own example is almost exactly the last row: an employee who works 30 hours one week and 50 the next must be paid overtime for the hours over 40 in the second week, even though the average is 40. This applies whether employees are paid weekly, biweekly or on another schedule. A biweekly pay period doesn't let you combine two workweeks.
Know Your Workweek
Because the same-workweek rule is so important, everyone needs to know exactly when your workweek starts and ends. Your workweek is a fixed, regularly recurring period of 168 hours, seven consecutive 24-hour periods. It doesn't have to match the calendar week, and it can start on any day and at any hour.
If your workweek runs Sunday through Saturday, an employee who misses Friday can make up the time Saturday without creating overtime, but not the following Monday. If your workweek runs Wednesday through Tuesday, the answer flips. See what a workweek is and how to set yours.
Example: Same Workweek vs. Next Workweek
| Day | Scheduled | Worked (same-week make-up) | Worked (next-week make-up) |
|---|---|---|---|
| Monday | 8 | 8 | 8 |
| Tuesday | 8 | 6 (left 2 hours early) | 6 (left 2 hours early) |
| Wednesday | 8 | 8 | 8 |
| Thursday | 8 | 10 (stayed 2 hours late) | 8 |
| Friday | 8 | 8 | 8 |
| Week 1 total | 40 | 40, no overtime | 38 |
| Next Monday | 8 | 8 | 10 (stayed 2 hours late) |
| Week 2 total | 40 | 40 | 42, 2 hours of overtime |
In the next-week example, the employee ends up with 38 hours at their regular rate in Week 1 and 42 hours in Week 2, including 2 hours of overtime. The total hours are the same, but the cost is higher.
State Daily Overtime Can Change the Answer
Federal law has no daily overtime requirement, but some states do. In California, for example, the Department of Industrial Relations says non-exempt employees generally may not work more than eight hours in a workday or more than 40 hours in a workweek unless they receive overtime pay. In a state with daily overtime, an employee who stays two extra hours on Thursday to make up time could be owed daily overtime for those hours, even if the weekly total stays at 40, unless a specific state make-up time rule applies.
If you have employees in a state with daily overtime, check that state's rules before approving make-up time, and look for any written-request or scheduling requirements. See California overtime law and the overtime laws by state guide.
Should You Offer Make-Up Time?
| Benefits | Things to watch |
|---|---|
| Employees keep their full paycheck | Overtime if make-up hours land in a different workweek |
| Flexibility for appointments and family needs | State daily overtime rules |
| Helps retention and morale | Coverage gaps when people leave early |
| Can reduce unplanned unpaid absences | Fairness: who gets approved and when |
| Low cost when done in the same workweek | Tracking: hours must be recorded accurately |
For many small businesses, the benefits are worth it, as long as there's a clear policy and good time records.
What to Include in a Make-Up Time Policy
- Who is eligible: usually hourly, non-exempt employees.
- What it can be used for: personal appointments, family needs or any personal reason.
- The same-workweek rule: make-up hours must be worked in the same workweek as the missed time.
- Your workweek: state the day and time it starts.
- How to request it: in writing, with a set amount of notice.
- Who approves it: the employee's manager, based on coverage and workload.
- Limits: such as the latest time employees can stay or the most hours per day.
- State rules: any additional requirements in your state.
- That it's voluntary: employees can use PTO or unpaid time instead.
- Recording: all hours must be recorded on the time clock.
Free Make-Up Time Policy Template
Make-Up Time Policy
Purpose: [Company] allows eligible employees to make up time missed for personal reasons, so they can keep their regular pay when they need flexibility.
Eligibility: Hourly, non-exempt employees.
Our workweek: Our workweek begins at [time] on [day] and ends at [time] on [day].
Same-workweek rule: Make-up time must be worked within the same workweek as the missed time. Hours cannot be made up in a different workweek.
How to request: Submit a written request to your manager at least [24 hours] in advance, listing the time you will miss and when you plan to make it up. Same-day requests may be approved when possible.
Approval: Requests are approved based on coverage and workload. Approval is not guaranteed.
Limits: Make-up time may not result in more than [X] hours in a day or more than 40 hours in the workweek, and may not be scheduled before [time] or after [time].
Voluntary: Make-up time is optional. You may use available PTO or take unpaid time instead.
Recording time: All hours, including make-up time, must be recorded on the time clock. Never work off the clock.
State law: Where state law has additional requirements, those requirements apply.
Have an employment attorney review the policy before you use it, especially if you have employees in a state with daily overtime.
Make-Up Time Request Form
| Field | Entry |
|---|---|
| Employee name | |
| Date and time of missed hours | |
| Number of hours | |
| Planned make-up date and time | |
| Same workweek? (yes/no) | |
| Manager approval and date |
How Managers Should Handle Make-Up Time Requests
- Check the workweek. Is the make-up time in the same workweek as the missed time?
- Check the daily hours if you're in a state with daily overtime.
- Check coverage. Will the team be covered during the missed time?
- Check the make-up time. Is there real work to do, and is someone available to supervise if needed?
- Approve or decline in writing. Explain why if you decline.
- Watch the timecard. Confirm the employee actually worked the make-up hours and that weekly hours stayed where planned.
- Apply the policy consistently across the team.
Common Make-Up Time Mistakes
- Letting employees make up time the next week without paying overtime.
- Averaging hours across a biweekly pay period.
- Not knowing when the workweek starts.
- Ignoring state daily overtime.
- Letting make-up time happen off the clock. All time worked must be recorded and paid. See working off the clock.
- Approving some employees and not others without a clear reason.
- No written requests, so nobody remembers what was agreed.
Make-Up Time Checklist
| Step | Done? |
|---|---|
| Workweek start day and time defined and shared | |
| Written make-up time policy | |
| Request form or process in place | |
| State daily overtime rules checked | |
| Managers trained on the same-workweek rule | |
| All make-up hours recorded on the time clock | |
| Weekly hours reviewed before payroll |
Make-Up Time Scenarios Managers Ask About
| Situation | Same workweek? | What to do |
|---|---|---|
| Employee leaves 1 hour early Monday, stays 1 hour late Wednesday | Yes | Approve if coverage works; weekly total stays at 40 |
| Employee misses Friday, offers to work Saturday (workweek ends Saturday) | Yes | Approve if there's work and supervision |
| Employee misses Friday, offers to work next Monday (workweek ends Saturday) | No | Offer PTO or unpaid time, or pay overtime if next week goes over 40 |
| Employee already worked 40 hours and asks to make up a missed day from last week | No | Any extra hours this week are overtime |
| Part-time employee scheduled 25 hours misses 3 and makes them up the next week | No, but under 40 | No overtime under federal law if the week stays at or under 40; check state rules |
That last row is worth noting. For part-time employees who work well under 40 hours, making up time in a different workweek usually doesn't create federal overtime, because they don't pass 40 hours in either week. State daily overtime rules and your own policy still apply.
Make-Up Time vs. Flexible Scheduling
Make-up time handles one-off needs, like an appointment. If an employee regularly needs a different schedule, such as leaving early every Thursday, a flexible or adjusted schedule may work better than repeated make-up requests. See compressed work schedules for ways to fit 40 hours into fewer or different days.
Talking to Employees About Make-Up Time
Explain the rule simply, so employees understand why some requests are approved and others aren't:
"You're welcome to make up the time, as long as it's in the same workweek. Our workweek runs Sunday through Saturday. If you miss time on Tuesday, you can make it up any day through Saturday. If you can't, you can use PTO or take the time unpaid."
Clear, consistent answers prevent frustration and make it less likely that anyone works off the clock to "catch up."
Rolling Out Your Make-Up Time Policy
Share the policy in a team meeting, post your workweek start day and time where everyone can see it and add the policy to your handbook. Walk managers through two or three examples, including one where make-up time would land in the next workweek, so they can explain the rule confidently.
Track Make-Up Time With Updoot
Updoot's employee time clock records every punch to the minute, including early departures and late stays, so make-up time is always on the record. The payroll report shows weekly hours and overtime for every employee, making it easy to confirm make-up time stayed within the same workweek before you run payroll.
Sources
- U.S. DOL: Fact Sheet #23, Overtime Pay Requirements of the FLSA
- eCFR: 29 CFR 778.104, Each Workweek Stands Alone
- eCFR: 29 CFR 778.105, Determining the Workweek
- California DIR: Overtime FAQ
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