Court Rules Unpaid Leave Can Be Religious Accommodation Under FEHA
California Court of Appeal affirms unpaid leave as a reasonable religious accommodation under FEHA.
Why it matters: This ruling clarifies that employers can offer unpaid leave to accommodate religious objections to vaccination mandates without violating FEHA. It impacts how counsel and HR approach religious accommodation requests amid public health policies.
- On October 7, 2026, California Court of Appeal ruled unpaid leave can be a reasonable religious accommodation under FEHA.
- The case involved Douglas Smith, who objected on religious grounds to the district’s COVID-19 vaccination requirement and was granted unpaid leave from Oct 2021 to May 2022.
- The Court affirmed that unpaid leave was reasonable and did not constitute unlawful segregation under FEHA regulations.
- The ruling cited the U.S. Supreme Court case Ansonia Board of Education v. Philbrook supporting unpaid leave as a religious accommodation.
On October 7, 2026, the California Court of Appeal issued a ruling in Smith v. Burbank Unified School District finding that unpaid leave can be a reasonable accommodation for religious practices under the state’s Fair Employment and Housing Act (FEHA).
Douglas Smith, a high school teacher employed since 1992, requested a religious exemption from the district’s COVID-19 vaccination mandate for the 2021-2022 school year, which was granted. Because his duties required in-person contact, the district offered unpaid leave as an accommodation for teachers with religious exemptions.
Smith was placed on unpaid leave from October 25, 2021, to May 30, 2022, using paid time off until March 7, 2022. He filed suit alleging religious discrimination and retaliation under FEHA after the district rejected any other accommodations.
The trial court ruled summary judgment for the district, concluding unpaid leave was the only accommodation that did not create an undue hardship. The Court of Appeal affirmed, specifically rejecting Smith’s claim that unpaid leave constituted segregation violating FEHA.
The ruling referenced the U.S. Supreme Court’s Ansonia Board of Education v. Philbrook, which recognized unpaid leave as a reasonable religious accommodation.
As stated in the decision, "Unpaid leave was a reasonable accommodation because it eliminated the conflict between Smith's religious practice and the District's requirement that he receive the COVID vaccination." This provides legal clarity for California employers navigating religious accommodation requests that involve unpaid leave.
By the numbers:
- October 7, 2026 — Date of the Court of Appeal's decision
- October 25, 2021 to May 30, 2022 — Period of Smith's unpaid leave
- March 7, 2022 — Date Smith exhausted accrued paid time off