Two more suits added against CSX alleging FMLA violations

Published: December 6, 2018

According to the Jacksonville Business Journal, two more lawsuits were filed Nov. 29 alleging that CSX Corp. has violated employees’ rights protected under the Family and Medical Leave Act (FMLA).

According to the Department of Labor, “FMLA provides eligible employees up to 12 workweeks of unpaid leave a year…and entitles employees to return to their same or equivalent job at the end of their leave.”

One suit was filed by a former employee from West Virginia who alleges that she was fired for absenteeism while using approved FMLA time off to address migraines and recover from knee surgery, the Journal reported.

The Journal said the other suit was filed in Ohio by an employee who states he’s been denied bonuses for good attendance because he took covered leave. This suit has been filed as a class-action suit, according to the Journal.

CSX has been accused by multiple others of having violated FMLA this year. In February, a suit was filed in West Virginia claiming that CSX fired 46 employees who were covered under FMLA. In March, a similar claim was made in Maryland after the railroad fired 20 more employees for the same reasons. Three more suits filed this year in Alabama and Pennsylvania also allege the company violated rights covered under FMLA.

Late last year, CSX investigated a number of employees for taking FMLA leave, leading to one of SMART TD’s Designated Legal Counsel to offer services.