An employee asked for FMLA leave. Not long after, he was fired. He sued, claiming the termination of his employment amounted to retaliation for using protected leave – a claim tied to how his request was handled.
In Pack v. CSX Transportation, Inc., a federal judge refused to dismiss the employee’s FMLA retaliation claim, leaving the employer facing a costly trial – or an expensive settlement.
Toby Pack worked for CSX Transportation. In April 2017, he applied for intermittent FMLA leave related to chronic kidney stones. His doctor estimated the condition could require intermittent leave up to three times per month. CSX approved the request.
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On August 23, 2017, Pack called CSX’s Crew Management Center to request time off. After being transferred several times, he initially requested a personal day because his children were moving to a new school. He was told a personal day wasn’t available.
Pack then referenced his approved intermittent FMLA leave and asked that the day be marked as FMLA. The representative coded the absence accordingly.
Pack later explained that he needed the day off for health-related reasons tied to his kidney stone condition but had asked for a personal day first because it...
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