Court of appeals denies carriers' request for rehearing in FMLA case

All 11 active judges of the United States Court of Appeals for the Seventh Circuit have unanimously rejected the request of the rail carriers to rehear the dispute over whether management may require the employees to substitute their paid vacation and personal leave for unpaid FMLA leave.

This means that the unanimous ruling of the three-judge panel upholding rail labor's position - that the FMLA does not override the right secured to employees in the vacation and personal leave agreements to choose when to use their paid leave - stands.

The carriers now have to decide whether they will seek Supreme Court review of the ruling or honor their obligations under the existing agreements. Updates will be provided at




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