Unlimited PTO

Unlimited PTO: The Good, The Bad, and the Really Bad

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Unlimited PTO (paid time off) gets a lot of press. But an increasing number of news outlets and thought leaders warn against it. Why?

It’s simple: unlimited PTO sounds like a dream but can quickly turn into a nightmare. 

“It’s just a lot easier to get an unlimited PTO policy going,” says Adam Gordon, Co-Founder of PTO Genius. “But that’s exactly where the problems start: these policies tend to be improperly documented and poorly implemented. That’s when it gets risky.”

“In a time when companies want to be more inclusive, an improperly-managed unlimited policy can end up creating a great deal of inequity, potentially opening you up to serious legal risk.”

If you’re thinking about unlimited PTO for your organization, you need to understand all of the risks involved, so you can make a fully-informed decision.

Why is Unlimited PTO Good?

More Freedom and Flexibility

In theory, unlimited PTO policies can improve work-life balance and well-being. Employees feel free to manage their lives–going to doctor’s appointments and children’s sports games, for example–without worrying about using up their vacation or sick days.

Easier PTO Management

From an HR perspective, unlimited PTO policies are simpler and easier to manage. No tracking accruals, no updating PTO balances, no accounting for time off in payroll. This frees HR to focus on other important initiatives like engagement, employee wellbeing, and Diversity, Equity and Inclusion (DE&I).

No Financial Liability

Finance departments love unlimited PTO. Under a traditional policy, accrued-but-unused PTO represents an enormous financial liability (almost $2,000 per employee, on average). Unlimited PTO eliminates this liability because employees no longer accrue their PTO.

Take note:

  • California, Colorado, Montana, and Nebraska prohibit “use it or lose it” policies.
  • Additionally, some states mandate PTO payout at separation: California, Colorado, Illinois, Louisiana, Massachusetts, Montana, Nebraska, and Rhode Island.
  • For more info, see: How Unlimited PTO Works In States With PTO Laws

Helps With Recruiting

In a competitive job market, your company needs to stand out as a great place to work. An unlimited PTO policy can be seen as a vote of confidence in your employees and a draw for job candidates who prefer more time off over more money.

Why Unlimited PTO is Bad

Unlimited PTO Is Never Really Unlimited

Unlimited PTO is supposed to mean that you can take as much time off as you want. But the reality is that it's never really unlimited. 

Think of it this way: would you approve of an employee taking 6 months off? How about 3 months? 2 months? Even 6 weeks? If it were you requesting it, would your manager approve? How would your coworkers feel?

The point is, there’s always an upper limit on what’s “acceptable”. If your PTO policy doesn’t set that limit, your company culture will. And the unwritten upper limit under an unlimited policy may be lower than the clear-cut limit defined by a traditional policy.

This happens for a few reasons:

  1. Lack of clarity: Employees aren’t sure about how much time off is too much time off. They worry about appearing less dedicated, so they don’t take time off.

  2. Lack of ownership: Since PTO isn’t accrued as they work, employees don’t feel like it “belongs” to them. If they don’t feel like they’ve earned it, they don't use it.

  3. Lack of encouragement: Managers fall into the same trap of taking less time off. This sets a bad example that their employees feel pressured to follow.

The misalignment between the idea of “unlimited” PTO and the reality of it can lead to frustrated employees. The BBC has called out “the smoke and mirrors” of unlimited PTO, while Robert Sweeney, CEO at Facet, went so far as to call unlimited PTO a “scam”

Unlimited PTO Creates New Headaches for HR

Unlimited PTO policies need clear definitions and guidelines. Otherwise, they open the door to operational risks and management headaches. For example:

  • Overlapping vacations: Employees might not consult their teammates before taking time off. What happens if a crisis arises and no one is there to resolve it? You could say this is on managers to prevent, but your managers need guidance.

  • Policy abuse: How much PTO is too much? If most employees take 15 days but one takes 30 days, are they abusing your policy? Context matters, of course, but that’s precisely the point. Do you want to have to be the one to decide? If you solve this problem by setting an upper limit on how much PTO employees can take at a time, your “unlimited” policy isn’t really unlimited.

  • Harder to track: Employees may not bother to put in formal PTO requests. This can lead to compliance and auditing nightmares if you don't maintain a reliable record of time off requests and approvals. Inefficient tracking of time off can also lead to time theft, which affects 75% of businesses in the U.S. every year.

  • Harder for HR to manage: Under an unlimited policy, managers who micromanage or improperly manage their employees’ time off put your company at risk. As your organization grows, this risk grows exponentially and becomes virtually impossible for HR to mitigate.

Brian de Haff, Co-founder and CEO at productivity software leader Aha!, has written that he’s never seen an unlimited PTO policy implemented well. In fact, he actually encourages people not to accept unlimited PTO policies.

Why Unlimited PTO is Really Bad

Unlimited PTO Increases Risk of Discrimination

What if a manager denies one employee's vacation but approves another’s? This could be considered leave discrimination: unequal and inconsistent access to time off. 

Imagine two employees under an unlimited PTO policy. They have similar jobs but different managers:

  • Employee #1 has a good relationship with their manager and takes PTO at their discretion. 

  • Employee #2’s manager frequently denies their leave requests, or reluctantly approves their requests but later denies them a promotion.

In this example, Employee #2 may be a victim of leave discrimination: they have unequal access to a benefit to which they’re entitled. This opens the door to an employment lawsuit. 

Furthermore, If they happen to be a minority or protected class, this could be a violation of workplace discrimination laws as well.

Remember: Compared to traditional PTO policies which set clear expectations and guidelines, unlimited policies are usually more general. That’s by design, because the point is to simplify PTO management and give employees more flexibility. But that ambiguity can lead to legal nightmares.

As the example above shows, you become dependent on managers to do the right thing, which is difficult, if not impossible, to guarantee.

Unlimited PTO Increases Risk of Non-Compliance

Another very important and related risk comes from the interaction between unlimited PTO and other leave types, such as FMLA.

Let's say an employee needs to take time off to care for a sick family member. This probably falls under the Family and Medical Leave Act (FMLA). But the employee doesn’t know about FMLA, so they request two weeks of standard PTO.

Unfortunately, their manager doesn’t know that this is a request for protected FMLA leave. All they know is that there are important deadlines coming up, so they deny the request. Or maybe the PTO is automatically approved, but the manager doesn’t tell HR that it’s for FMLA. 

In the first case, you’ve likely violated FMLA. In the second, problems could arise down the line around the employee’s return to work. In either case, HR might not hear about it for weeks or months, creating huge compliance headaches that could take weeks to resolve.

Conclusion: Is Unlimited PTO a Trap? Maybe.

Unlimited PTO can be a good option for some organizations, but it can also be a terrible (and potentially crippling) choice for others. The ambiguity of its “unlimited" nature can lead employees to take less time off, resulting in burnout, engagement, and turnover issues.

Before implementing an unlimited PTO policy, ask yourself one simple question: 

Why am I doing this?

If your answer is, “Because my employees are asking for it,” that’s a good starting point! Do your due diligence by reading articles like this one, and make sure that your new PTO policy is clear, consistent, and compliant.

If your answer is something like, “To improve employee experience,” or “To reduce financial liabilities,” there are other ways to achieve these goals without the risks that come with unlimited PTO.

For example, to improve your employee experience, work on building a company culture that encourages time off. Research shows that taking time away from work makes people happier, healthier, and more productive. Try some creative ways to improve engagement and make sure your executives and managers set a good example.

To improve your employees’ financial wellness while reducing your financial liabilities, look into setting up a PTO conversion program. PTO conversion gives your employees new ways to use their PTO based on their own needs and priorities: contributing to retirement savings, paying down student loans, covering financial emergencies, and more.

Let’s Talk About the Pros and Cons of Unlimited PTO

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We’ve had hundreds of conversations with HR leaders and visionaries and have heard countless stories about the pros and cons of unlimited PTO. Let's talk!

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