Brown v. BNSF Railway Co.
4:24-cv-00729
N.D. Tex.Jun 25, 2025Background
- Jason Brown, a locomotive engineer who worked at BNSF Railway for 25 years, was terminated after using FMLA leave for medical appointments.
- Brown faced ongoing health issues and was initially denied FMLA leave in 2022 and early 2023 for insufficient hours but received FMLA approval in July 2023, with documentation from his doctor limiting leave to 3-4 absences per month, each 1-2 days, and specifically excluding weekends.
- Brown received written notice from BNSF detailing the FMLA approval parameters but did not read the letter. His online Workforce Hub noted weekend leave was "unlikely."
- Brown repeatedly used FMLA leave on weekends, contrary to approval terms, and did not update his medical certification after being explicitly invited to do so by BNSF.
- Following internal investigations, Brown was terminated. He sued BNSF for FMLA interference and retaliation, and BNSF moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA Interference | BNSF interfered by restricting his leave to weekdays and terminating him for weekend usage. | Approval appropriately conditioned on doctor’s certification and company policy; Brown failed to comply with procedures. | Court found no interference; conditions on FMLA approval were lawful and clear, and Brown misused leave. |
| FMLA Retaliation | Termination was due to protected FMLA activity (using leave for medical reasons). | Termination resulted from failure to follow explicit FMLA procedures, not activity protected by FMLA. | No retaliation found; no evidence of causal link between protected activity and termination. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard for genuine disputes and materiality)
- Acker v. General Motors, LLC, 853 F.3d 784 (5th Cir. 2017) (employer may enforce usual procedures for FMLA leave; termination for noncompliance does not violate FMLA)
- Richardson v. Monitronics Int’l, Inc., 434 F.3d 327 (5th Cir. 2005) (standard for FMLA retaliation causation)
- Mauder v. Metro. Transit Auth. of Harris Cty., Tex., 446 F.3d 574 (5th Cir. 2006) (prima facie elements for FMLA retaliation)