6th Circuit Rejects Board’s Attempt To Protect Leave For Off-Duty Illnesses

Mealey's (December 6, 2017, 1:28 PM EST) -- CINCINNATI — A retaliation clause in the Federal Railroad Safety Act (FRSA) located within an amendment regarding “prompt medical attention” does not provide sick leave to railroad employees for off-duty injuries and illnesses, a Sixth Circuit U.S. Court of Appeals panel majority ruled Nov. 20, noting that the Department of Labor’s Administrative Review Board (ARB) continues to try to provide such protection to employees “despite having had its position derailed by every federal court to date” (Grand Trunk Western Railroad Company v. United States Department of Labor, Administrative Review Board, No. 17-3083, 6th Cir., 2017 U.S. App. LEXIS 23279)....