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.

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