Takeaway: This decision reinforces that an employer satisfies its accommodation obligations by providing an effective accommodation — even if less generous than requested — so long as the accommodation allows the employee to perform essential job functions.
Does an employer violate the Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) by denying paid sick leave to attend guide-dog training? Not necessarily, according to the 6th U.S. Circuit Court of Appeals.
The plaintiff, an art teacher with a rare genetic disease causing progressive hearing and vision loss, requested three weeks of paid sick leave for mandatory guide-dog training. The employer denied the paid leave request but offered a mix of paid personal days and unpaid leave as an accommodation. She sued, alleging violations of the ADA and the FMLA.
The 6th Circuit affirmed summary judgment for the employer. The plaintiff failed to show disparate treatment under the ADA, the court ruled. Unpaid leave was a reasonable accommodation, and the FMLA did not require the employer to allow substitution of paid sick leave when its sick-leave policy did not otherwise cover the absence, the court decided.
The plaintiff’s disparate treatment claim under the ADA failed because she was unable to show her employer treated similarly situated employees more favorably in their requests for paid leave. The plaintiff argued HR routinely granted others sick leave without the same formalities imposed on her, but she never offered proof in support of this claim. In fact, the court noted that the employer applied its sick leave rules neutrally.
The appeals court also rejected the plaintiff’s argument that the Health Insurance Portability and Accountability Act (HIPAA) made it virtually impossible to find comparators, noting that HIPAA permits disclosure through discovery with a protective order.
The court held the employer satisfied its reasonable accommodation obligation by granting unpaid leave, which allowed the plaintiff to attend training and obtain her guide dog. Employers have discretion to choose among alternative reasonable accommodations if they all permit the employee to perform the job, including the less expensive option.
In response to the plaintiff’s arguments that she experienced financial difficulties from taking unpaid leave, the court held those hardships arose outside work and were beyond the employer’s ADA obligations.
The plaintiff argued the FMLA required paid leave for the training. However, the court noted the FMLA provides unpaid leave.
An employee might substitute paid leave for FMLA leave if the employer would normally provide such leave under its own policies such as paid sick leave. However, the plaintiff could not substitute paid sick leave because guide-dog training did not constitute a personal illness under the employer’s sick-leave policy.
Tumbleson v. Lakota Local Sch. Dist., 6th Cir. No. 25-3548 (May 13, 2026).
Danielle M. Dwyer is an attorney at Duane Morris in Philadelphia.
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