Absent a contractual provision to the contrary, an employer does not have an obligation to provide make-up time at all. There is nothing in the FMLA that would require an employer to provide make-up time.

Even if an employer generally allows make-up time, there is nothing in the FMLA that would prevent an employer from excluding make-up time from its policy, and there are legitimate reasons why an employer might choose to exclude FMLA leave from a broader make-up time policy.

If the employer's policy allows for make-up time for all employees, with no mention of FMLA, then the employee should be treated like any other employee who is seeking make-up time. If the policy explicitly excludes FMLA leave, then the employer may deny make-up time under its policy. If the policy is informal or unclear, the analysis becomes more complex and is something that could not be analyzed without a lot more information.