Union Pacific Rail Worker Claims He Was Fired for Using Sick Leave

Just a few months back, rail workers across the country nearly ground the economy to a halt — rightly so — over things like worker safety, work/life balance and most importantly, sick leave. While some union rail workers have since been given a handful of sick days, many are still without, and most are still unable to use them. One Union Pacific rail worker utilized those sick days, and claims he was fired for using them. Now he’s taking Union Pacific to court, the Associated Press reports.

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Texas resident and Union Pacific worker De’Ron Rutledge was a contract worker for the railroad, having worked in various roles over 11 years — his last role was as a conductor. But according to the suit, Rutledge injured his back on the job in 2017 and had to take eight months off. However, it wasn’t enough time for the injury to heal, and Rutledge had to take additional time off due to pain flare ups. Typically, none of this would be problematic under the Family Medical Leave Act (FMLA).

Union Pacific said Rutledge’s managers seemed to think he was abusing FMLA. They came to that conclusion after hiring a private investigator to “check in” on Rutledge.

If that doesn’t read problematic, this certainly will. The investigator reported Rutledge had been running errands like going grocery shopping and getting gas. He also went for walks! Rutledge claims he tried to explain the differences between those activities and operating a train, but Union Pacific wouldn’t hear it.

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So, Rutledge hired lawyer Nick Thompson to represent him in what’s now one of the first suits in Texas where an employee is suing an employer over alleged sick time abuse. Thompson says Rutledge’s firing has just the desired effect that the company wants. “It scares people from using FMLA,” he said.

Union Pacific painted a different picture in a statement sent to AP with a company spokesperson claiming the company encourages the use of FMLA.

“We encourage eligible employees to use FMLA if they or their family member has a serious medical condition that qualifies under the law. We expect our employees to properly utilize this approved leave. If we learn that an employee is misusing FMLA, Union Pacific may take disciplinary action, as permitted under the law.”

It’s been a rough go for rail workers and companies these last few months, however it’s all their own doing. Despite these high optic issues coming to light, they continue to operate without significant changes, if any. Thompson pointed out how disconnected these greedy folks are from the actual problem at hand.

“The fact that you’re on FMLA doesn’t mean that you have to lay in bed all day,” he said. “The fact that you can’t work a 12-hour shift is different than whether you can do other things. I just don’t think it’s reasonable to have people on call 24-7, 365 days a year, including holidays and give them no sick days.”