May employees take FMLA leave for guide dog training?

The situation

Andrea, an employee, had a medical condition that was causing her to gradually lose her vision and hearing. Despite this, she excelled at her job for many years. At one point, though, she decided that she needed a guide dog.

She asked her employer if she could use paid sick leave to attend a mandatory 3-week training course to obtain her guide dog. The employer denied her request for paid sick leave because the training didn’t qualify as a “personal illness” under the company’s sick-leave policy. The employer instead allowed her to take unpaid leave as an accommodation under the Americans with Disabilities Act (ADA).

The claim

Unhappy with the denial of paid sick leave, Andrea sued, alleging that she had the right to use paid leave under the Family and Medical Leave Act (FMLA). She also argued that the denial violated the ADA because it:

• Amounted to disability discrimination, and
• Failed to properly accommodate her disability.

The employer argued that the time off didn’t qualify for paid leave under the company policy, so the FMLA didn’t require it.

It also argued that the leave wasn’t for treatment for Andrea’s FMLA serious health condition.

The employer felt that a serious health condition “makes” an employee “unable to perform” the employee’s job functions only if the condition’s physical symptoms prevent the employee from working. Because Andrea’s leave was for guide-dog training, not for her medical conditions, the employer argued that her time off didn’t fall under the FMLA.

The ruling

The court assumed that the FMLA applied to Andrea’s requested paid sick leave; however, it ruled against Andrea’s FMLA claim. It said that she was entitled to the paid sick leave only if the employer would “normally” provide that leave under similar circumstances for all employees, which it wouldn’t do based on company policy. In the end, she didn’t convince the court that her guide-dog training qualified for the company’s paid sick leave.

The court found that Andrea lacked evidence showing that the employer treated nondisabled personnel more favorably, and that unpaid leave qualified as an ADA reasonable accommodation.

Tumbleson v. Lakota Local Sch. Dist., et al., Sixth Circuit Court of Appeals, No. 25-3548, May 13, 2026.

Key to remember: Employees may take FMLA leave for guide dog training, but employers may apply their paid leave policies when employees seek to use paid leave for otherwise unpaid FMLA leave. Employers don’t have to provide paid leave as a reasonable accommodation if they don’t normally do so in a situation.