CSX Worker’s Use of FMLA Leave for Mixed Reason Draws Bias Trial

CSX Transportation Inc. is headed for trial over whether firing an employee for skipping work because his children were starting school and his kidney stones were flaring up violated the Family and Medical Leave Act.

There’s sufficient evidence the decision to terminate Toby Pack wasn’t reasonably considered or informed, the US District Court for the Southern District of West Virginia said Wednesday. Pack was let go following a hearing before CSX’s trainmaster when a company FMLA manager testified the firing was based solely on Pack’s telephone exchange with CSX’s crew management center the day he called out, the court said. ...