Is Unlimited PTO Really Unlimited? Legal Risks for Employers

In this episode, Miller Johnson employment attorneys Rebecca Strauss and 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. 📌 Note: This episode provides general information only and is not legal advice. Subscribe to Miller Johnson emails to receive new episode invites, client alerts, and stay informed about legal developments and upcoming events.