A West Virginia federal court granted summary judgment to CSX on the FMLA interference claim of an employee with chronic kidney stones who was terminated for FMLA misuse after he asked for FMLA leave when his requested personal day for his children starting a new school was denied, but the court allowed his FMLA retaliation claim to go to trial, where there was sufficient evidence that CSX’s decision wasn’t reasonably informed, including testimony and a doctor’s note confirming his condition.
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