How FMLA And ADA Rules Decide Paid Leave Rights
Medical leave sounds simple until the paycheck disappears. Let’s talk about the Family and Medical Leave Act (“FMLA”) and Americans with Disabilities Act (“ADA”).
An employee facing a serious medical condition may know they need time away from work. Surgery. Treatment. Training. Recovery. A disability accommodation that cannot wait. But rent does not pause because an employer approved leave. The car payment still hits. Groceries still cost money. Kids still need cleats, braces, lunch money, field-trip fees, and everything else life throws into the cart when you are already trying not to panic.
So the real question is not just: can I take medical leave?
The question is: can my employer refuse to pay me during medical leave?
In Tumbleson v. Lakota Local School District, No. 25-3548, 2026 U.S. App. LEXIS 13795 (6th Cir. May 13, 2026), Andrea Tumbleson was not a weak employee looking for a loophole. She was an excellent art teacher who had worked for Lakota Local School District for more than twenty years. She had Usher syndrome, a rare genetic disease that caused progressive hearing and vision loss. She was totally deaf, used cochlear implants, and had worsening vision. She had already received workplace disability accommodations, including more lighting, a larger monitor, dark mode, and a laptop with a giant monitor.
Then Tumbleson sought a guide dog. Leader Dogs for the Blind approved her for a mandatory three-week training course with Henry, her matched guide dog. The timing was rough. She had to miss the end of the school year and her son’s high-school graduation. She asked Lakota to use thirteen paid sick days, writing that the leave was “medically related” and asking about “FMLA?” Lakota denied paid sick leave but allowed unpaid leave as an ADA accommodation.
Tumbleson sued. She claimed Lakota violated the ADA in two ways: first, by discriminating against her because of her disability when it denied paid leave; and second, by failing to reasonably accommodate her disability. She also claimed Lakota violated the FMLA by refusing to let her use accrued paid sick leave instead of unpaid leave. Those claims put one practical question in the spotlight: when an employee needs medical leave, does the law require the employer to keep the paycheck coming?
That is the fight. Tumbleson got leave. She got Henry. She got an accommodation. But she did not get the paycheck she believed should come with it. For employees dealing with FMLA, ADA, disability, accommodation, and medical leave, that distinction can decide whether protected leave feels like protection or just another bill coming due.
Legal Takeaways:
An employee may have protected medical leave under the FMLA or receive leave as a reasonable ADA accommodation without automatically having a right to be paid during that leave. Paid medical leave often depends on whether the employee satisfies the employer’s normal paid leave policy, not just whether the leave involves a disability, medical condition, or accommodation.
Does FMLA Give Employees A Right To Paid Medical Leave?
No. FMLA can protect an employee’s right to take medical leave, but it does not automatically require the employer to pay the employee during that leave. That is the paycheck trap. Protected leave and paid leave are not the same thing.
The FMLA gives eligible employees up to twelve workweeks of leave for certain qualifying reasons, including a serious health condition that makes the employee unable to perform the job. That rule protects time away from work. It does not, by itself, guarantee wages during that time.
The Sixth Circuit Court of Appeals held that “the FMLA presumptively allows employers to treat the required leave as unpaid.” Tumbleson, 2026 U.S. App. LEXIS 13795, at *22. That rule mattered because Tumbleson asked to use paid sick leave for the three-week Leader Dogs training, but Lakota approved unpaid leave instead.
Tumbleson’s need for leave was real. She had Usher syndrome, a progressive disability affecting her hearing and vision. Leader Dogs approved her for mandatory guide-dog training with Henry. The training required her to miss work. Lakota did not deny the leave. It denied paid sick leave.
That is the employment law distinction employees need to understand. FMLA protects the absence. FMLA protects the job. FMLA stops an employer from treating protected medical leave like misconduct. But FMLA does not automatically keep the paycheck coming. For an employee facing wrongful termination concerns, that distinction matters because unpaid leave can still be protected leave.
Protected medical leave is not always paid medical leave.
Practical Tip: If you need FMLA leave, ask HR in writing whether the leave will be paid or unpaid before the leave begins because job protection and wage replacement are different legal issues.
Best FMLA Lawyer Blogs on Point:
Do I Have To Use Unpaid FMLA Leave If I Have Paid Sick Time?
Not always. An employee can sometimes use accrued paid sick leave during FMLA leave. But the employee must qualify for paid sick leave under the employer’s normal leave policy. FMLA gives job-protected leave. It does not force an employer to pay for an absence that the employer would not normally pay for.
The rule is built into the statute. The Sixth Circuit Court of Appeals held that the FMLA gives employees the right “to substitute any of [their] accrued paid vacation leave, personal leave, or medical or sick leave” for FMLA leave. Tumbleson, 2026 U.S. App. LEXIS 13795, at *22. But that right has a limit. The Sixth Circuit Court of Appeals held that “nothing in [the FMLA’s general rules] shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.” Id. at *22-23.
That is where Tumbleson’s claim hit the wall. Lakota’s sick-leave policy allowed teachers to use sick leave for absence due to “personal illness.” Tumbleson argued that her guide-dog training was medically connected to her Usher syndrome. Her doctor later wrote that the guide dog was part of her treatment plan and that the training was needed to keep her safe.
Lakota viewed the request through its normal paid-leave rules. Kramer testified that the training did not fall within “the definition of sick leave” in Ohio law, the collective-bargaining agreement, or the school board’s policy. The Sixth Circuit Court of Appeals focused on that ordinary paid-leave rule, not just the medical seriousness of Tumbleson’s disability.
The Sixth Circuit Court of Appeals held that “[t]o obtain paid leave under the FMLA, then, the employee must satisfy ‘the additional requirements in an employer’s paid leave policy[.]’” Id. at *23. Tumbleson’s two-sentence challenge to the district court’s interpretation of “personal illness” did not move the needle. The Sixth Circuit Court of Appeals concluded that nothing in her argument called the district court’s reasoning into doubt.
Having paid sick time is not the same as having the right to use it for every medical-related absence. If the employer normally pays for that type of absence, FMLA can let the employee substitute paid leave. If not, the leave can still be protected and unpaid.
Paid sick time is useful. Paid sick time is not automatic.
Practical Tip: If you want to use paid sick leave during FMLA leave, ask the employer to identify the exact policy language that controls payment because the strongest evidence may be whether the employer normally pays employees for the same kind of absence.
Best Medical Leave Attorney Blogs on Point:
Can The ADA Require Paid Leave As A Disability Accommodation?
Usually, no. The ADA can require an employer to provide a reasonable accommodation for an employee with a disability. That accommodation can include leave. But the ADA does not usually let the employee demand the most expensive version of an accommodation when another reasonable option works.
Under the ADA, unpaid leave can be a reasonable accommodation when it lets the employee address the disability-related limitation and return to the job. The Sixth Circuit Court of Appeals held that the ADA requires a reasonable accommodation to be work related, meaning it must help the employee “perform the essential functions” of the job. Tumbleson, 2026 U.S. App. LEXIS 13795, at *17. The Sixth Circuit Court of Appeals also held that an employer “need not provide the specific accommodation that the employee wants.” Id. at *18.
Tumbleson wanted paid leave to attend the mandatory Leader Dogs training. Lakota gave her unpaid leave. Tumbleson’s point was easy to understand. Paid leave would have helped her absorb the cost of doing something she needed because of her disability. Lakota saw it differently. The district did not dispute that she could attend the training. It gave her time off to do it. The fight was whether the ADA required Lakota to pay her for that time.
The Sixth Circuit Court of Appeals focused on what the accommodation accomplished. The unpaid leave let Tumbleson attend the three-week training, obtain Henry, and return with a guide dog that made a positive impact at school. The Sixth Circuit Court of Appeals held, “There is no dispute that unpaid leave allowed Tumbleson to attend the Leader Dogs training and bring home Henry.” Id. at *20.
That was enough for Lakota. The Sixth Circuit Court of Appeals held that “Lakota had the ‘ultimate discretion’ to choose between the paid-versus-unpaid alternatives because both allowed Tumbleson to perform her job.” Id. If both options reasonably address the workplace limitation, the employer can choose the cheaper option.
Tumbleson argued that unpaid leave caused financial difficulties for her family. That argument makes human sense. Missing three weeks of pay can hurt. It can threaten rent, groceries, car payments, and everything else that does not care whether the leave was legally protected. But the Sixth Circuit Court of Appeals held that those financial difficulties arose “outside the work environment” and did not make the unpaid-leave accommodation unreasonable under the ADA. Id. at *20-21.
That is a hard rule. A disability accommodation must address the employee’s ability to work. It does not automatically protect the employee from the financial pain of unpaid leave. If an employee is later wrongfully fired after requesting an ADA accommodation, the best evidence will often be the written request, the employer’s response, and whether the employer treated the request as a problem instead of a legal obligation.
The ADA can protect the leave. It does not always protect the paycheck.
Practical Tip: If you need paid leave as a disability accommodation, explain in writing why unpaid leave will not let you perform or return to your job, because the ADA fight may turn on whether payment itself is necessary for the accommodation to work, not just whether unpaid leave causes financial hardship.
Best Workplace Disability Accommodation Law Firm Blogs on Point:
What Is The Best Employment Lawyer For Employees Denied Paid Medical Leave?
When an employee asks for medical leave, paid sick time, FMLA protection, or an ADA accommodation, the employer’s answer can sound reasonable while still leaving the employee exposed. “You can take leave, but it will be unpaid” may be lawful in some cases. In other cases, it may hide disability discrimination, a failure to accommodate, wrongful termination, or a setup for being wrongfully fired. The difference usually lives in the documents: the leave policy, the emails, the doctor’s notes, the accommodation request, how other employees were treated, and whether the employer followed its own rules.
Spitz, The Employee’s Law Firm is one of the largest law firms in the United States dedicated to employee’s rights. That means employees get a team that knows how to evaluate the real fight: whether the employer had to pay for the leave, whether unpaid leave was a reasonable accommodation, whether the employee was treated differently because of a disability, and whether the employer’s explanation holds up under employment law. The best employment law attorney will not just ask whether the employee needed leave. The best lawyer will ask whether the employer applied its policy honestly, whether disability discrimination infected the decision, and whether the employer used unpaid leave as cover for something worse. Spitz offers free initial consultations, a no-fee guarantee, deep trial experience, empathy, and a history of great results for employees facing ADA violations, FMLA disputes, disability discrimination, denied accommodation requests, wrongful termination, and being wrongfully fired. If your employer approved leave but cut off your paycheck, call Spitz and talk with an attorney who knows how to find the pressure points before the employer’s version hardens into the company story.
FAQ
Does FMLA require paid medical leave for employees?
No. FMLA protects eligible employees who need qualifying medical leave, but FMLA does not automatically require an employer to pay the employee during that leave. Paid medical leave usually depends on whether the employee qualifies under the employer’s normal paid leave policy.
Can an employee use paid sick time during FMLA leave?
Yes, an employee may be able to substitute accrued paid sick leave during FMLA leave if the absence qualifies under the employer’s usual paid sick leave rules. The employer does not have to provide paid sick leave for a situation where it would not normally provide paid leave.
Can the ADA require paid leave as a disability accommodation?
Sometimes, but not automatically. The ADA requires a reasonable accommodation that allows an employee with a disability to perform the essential functions of the job, and unpaid leave may be reasonable if it gives the employee the time needed to address the disability-related limitation.
Is unpaid leave a reasonable accommodation under the ADA?
Unpaid leave can be a reasonable ADA accommodation when it allows the employee to obtain treatment, training, recovery, or other disability-related support needed to perform the job. The employee may need evidence showing why unpaid leave is not enough if paid leave is requested as the accommodation.
Can an employer deny paid leave but approve unpaid medical leave?
Yes. An employer can sometimes deny paid leave while approving unpaid medical leave if the employee does not qualify for paid leave under the employer’s normal policy and unpaid leave reasonably accommodates the disability or medical condition.
Can financial hardship make unpaid leave illegal under employment law?
Financial hardship matters in real life, but it does not automatically make unpaid leave unlawful under FMLA or the ADA. The legal question usually focuses on whether the employee was entitled to paid leave under a policy or whether paid leave was necessary as a disability accommodation.
What evidence helps an employee challenge denial of paid medical leave?
Useful evidence can include the written leave policy, collective bargaining agreement language, HR emails, medical notes, accommodation requests, examples of other employees receiving paid leave, and records showing whether the employer followed its normal rules. For the best shot at proving disability discrimination or wrongful termination, employees should preserve the exact words used by HR and management.
Can being wrongfully fired after asking for paid medical leave violate employment law?
Yes. Being wrongfully fired after asking for paid medical leave may violate employment law if the firing was tied to protected FMLA activity, an ADA accommodation request, disability discrimination, or retaliation. An employee who was wrongfully fired should preserve leave requests, medical notes, policy language, and termination paperwork.
Employment Lawyer Disclaimer
This employee rights, paid medical leave, workplace disability discrimination, and accommodation blog provides general information about employment law, FMLA, ADA rights, disability leave, wrongful termination, being wrongfully fired, employee protections, employer obligations, discrimination, and when an attorney or lawyer may be able to help, but it should not be taken as legal advice. Every employee’s situation is different, and readers should consult with a qualified employment lawyer for advice about their specific facts, deadlines, claims, defenses, damages, and legal options. No promises are being made about any outcome, result, settlement, verdict, or claim value. This blog is a legal advertisement, and reading it does not create an attorney-client relationship with Spitz, The Employee’s Law Firm, any Spitz attorney, or any Spitz lawyer.