New England Biz Law Update
The 6th U.S. Circuit Court of Appeals has ruled that an Ohio school district did not violate the Americans with Disabilities Act or the Family and Medical Leave Act when it provided an employee with unpaid leave rather than paid sick leave to attend guide dog training related to her disability.
The case involved a teacher with Usher syndrome, a genetic condition causing progressive hearing and vision loss. After being matched with a guide dog, the teacher needed to attend a three-week training program and requested to use paid sick leave for the absence.
The school district approved the leave but determined that the training did not qualify under its paid sick leave policy, which applied to personal illness, injury or exposure to contagious disease.
The teacher sued, alleging disability discrimination, failure to accommodate and violations of the FMLA. The district court ruled in favor of the school district.
The 6th Circuit affirmed on appeal, concluding that unpaid leave constituted a reasonable accommodation even if it was not the employee’s preferred option.
The teacher also argued that the FMLA required the district to allow her to substitute accrued paid sick leave for unpaid FMLA leave.
The court disagreed, finding that the employee could only substitute paid leave where the employer would normally allow use of that paid leave under its policies. Because guide dog training did not qualify under the district’s sick leave rules, the FMLA did not require paid leave substitution.
Key takeaways
The ruling reinforces that employers generally may choose among effective reasonable accommodations and are not necessarily required to provide the specific accommodation preferred by an employee.
Employers are also advised to apply leave policies consistently and clearly document the basis for decisions involving paid versus unpaid leave.
Employers should review how disability accommodation requests intersect with existing leave policies, including paid sick leave, personal leave and FMLA administration.
Clear policy language and consistent application remain important in reducing disputes over whether certain absences qualify for paid leave benefits or alternative accommodations.
