FMLA Insights

When FMLA Has Impeccable Timing Around a Holiday, This Is What Employers Shouldn’t Do.

The Fifth Circuit upheld a decision against CSX Railroad after the company relied on holiday‑clustered FMLA leave and aggregate statistics to allege employee misuse. The court rejected timing and statistical patterns as standalone proof, emphasizing that such evidence must be coupled with concrete facts. CSX also faced criticism for treating employees with serious conditions—like cancer or late‑term pregnancy—more leniently than those with chronic ailments, creating inconsistent investigative standards. The ruling highlights the legal risk of uneven FMLA enforcement.