Is Unlimited PTO Really Unlimited? Legal Risks for Employers - Off The Clock Ep 111

In this episode, Miller Johnson employment attorneys Rebecca Strauss & Sarah Willey dig into one of the most talked-about benefits in today’s workplace: unlimited PTO. While these policies sound appealing—and can be powerful recruiting tools—they come with legal, cultural, and compliance considerations that employers often overlook. 🔍 Tune in as we explore: The biggest FMLA risks, including intermittent and reduced-schedule leave Why “accrued” vs. “non-accrued” language matters How state paid leave laws (including Michigan’s Earned Sick Time Act) affect unlimited PTO How to thoughtfully design an unlimited PTO policy with clear guardrails, expectations, and boundaries that work in practice, not just on paper From employee behavior and workplace culture to the interaction with the FMLA, state paid leave laws, and disability benefits, this conversation breaks down what “unlimited” really means and why careful policy design matters more than ever. 📌 Chapters: 00:00 – Unlimited PTO Policies Overview 01:28 – Why Employers Adopt Unlimited PTO & Employee Reactions 05:47 – Is Unlimited PTO Really Unlimited? Stopgaps, Limits & Performance 08:23 – Legal Risks of Unlimited PTO: FMLA & Job‑Protected Leave 09:09 – FMLA Pitfalls: When “Unlimited” PTO Goes Too Far 11:17 – Accrued vs. Non‑Accrued PTO: Protecting Unlimited Policies 13:40 – State Paid Leave Laws and Unlimited PTO Compliance 16:30 – Culture, Expectations & Writing a Workable Unlimited PTO Policy 21:46 – Final Takeaways for Employers Considering Unlimited PTO 📌 Note: This episode provides general information only and is not legal advice. 🎙️Podcast: You can also listen to all the “The Lawyers Off the Clock” podcast episodes by subscribing on: Apple Podcasts: https://podcasts.apple.com/us/podcast... Spotify: https://open.spotify.com/show/3lRrGuS...