Whether an employee is prejudiced when an employer substitutes a contractual disciplinary process for compliance with the individual's statutory protections under the FMLA

QUESTION PRESENTED The Family and Medical Leave Act (FMLA) sets forth a medical certification process, including the ability to obtain a second and third opinion, if an employer questions the basis for an employee's right to FMLA leave. 29 U.S.C. § 2613. CSX admittedly did not follow that process here, and instead commenced with a disciplinary process set forth in a collective bargaining agreement. The FMLA unequivocally mandates “The rights established for employees under this Act or any amendment made by this Act shall not be diminished by any collective bargaining agreement or any employment benefit program or plan.” 29 U.S.C. § 2652(b). The question presented is: Whether an employee is prejudiced when an employer substitutes a contractual disciplinary process for compliance with the individual's statutory protections under the FMLA. il PARTIES The plaintiffs are John Baker, Randall Craycraft, Chad Dowdy, Sammy Maddix, Danny Stewart, and James Stinnett!. The defendants are CSX Transportation, Inc. and individual supervisors, Craig Heligman, M.D., Gus Thoele, Curt Shogren, Milton Storm, Delando Jones, Tom Deangelo, Shawn Lusk, Elizabeth Creedon, and Kenneth Ray Emerson.