Background
Andrea Tumbleson, an art teacher with Usher syndrome causing progressive vision and hearing loss, requested paid sick leave to attend a mandatory three-week guide dog training course. The Lakota Local School District denied the request for paid leave, stating the training did not qualify as a personal illness under their policy, but granted unpaid leave as an accommodation. Tumbleson sued alleging violations of the Americans with Disabilities Act and the Family and Medical Leave Act.
The court’s reasoning
The court found that Tumbleson failed to provide evidence that the district treated non-disabled employees more favorably, defeating her disparate-treatment claim. Her failure-to-accommodate claim failed because the district provided unpaid leave, which was a reasonable accommodation. The FMLA claim failed because the statute only entitles an employee to paid leave if the employer normally provides paid leave for the specific condition, which was not the case here.
We agree with this result. Tumbleson’s disparate-treatment claim under the ADA fails because she lacks evidence that Lakota treated nondisabled personnel more favorably.
Tumbleson v. Lakota Local Sch. Dist., No. 25-3548 (6th Cir. May 13, 2026)
What it means going forward
Employers are not required to classify guide dog training as a personal illness for paid sick leave purposes if their policy does not include it, provided they offer unpaid leave as an accommodation.
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