Price v. International Paper, 21-30220

John Price worked for International Paper from 2011 until termination on August 30, 2018; the company enforces an Attendance Policy where absences count as "occurrences" and repeated occurrences trigger a guidance committee.
Price took three FMLA leaves for serious medical conditions (Dec 2017–Jan 2018; May–July 2018; July 23–Aug 5, 2018); his provider documented a request for intermittent leave for the July period and IP approved it.
Price returned to work Aug 6; on Aug 7 a supervisor (Deas) sent him home because he lacked a doctor’s medical-release/fitness-for-duty certification, and IP treated that forced departure as an occurrence.
A guidance committee was convened and recommended termination; supervisors testified the Aug 7 occurrence was the decisive basis for termination.
Price sued for FMLA interference and retaliation; the district court granted summary judgment for International Paper. The Fifth Circuit AFFIRMED the retaliation ruling but REVERSED and REMANDED the interference claim for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
FMLA interference — whether IP unlawfully required a fitness-for-duty certification and thereby interfered with Price's FMLA rights	Price: his July leave was intermittent (provider request and company approval); IP could not demand a fitness-for-duty release for intermittent leave and sending him home on Aug 7 unlawfully created an occurrence that led to termination	IP: Price took a continuous ~16-day absence, so it could lawfully require a fitness-for-duty certification and deny return without it; Price failed to give proper notice and was not certified for the July 20 absence	Reversed and remanded on interference: disputed facts (intermittent v. continuous leave and lack of notice of certification requirement) preclude summary judgment; a jury could find IP interfered when it sent Price home Aug 7 without prior notice of the release requirement
FMLA retaliation — whether termination was retaliatory for taking FMLA leave	Price: termination followed FMLA leave and occurred after the contested Aug 7 occurrence created by IP	IP: termination resulted from Attendance Policy occurrences; offered a non-discriminatory reason for firing	Affirmed: court found no reversible error in granting summary judgment for IP on the retaliation claim

Griffin v. United Parcel Serv., Inc., 661 F.3d 216 (5th Cir. 2011) (standard of review for district court summary-judgment rulings)
Smith v. Regional Transit Auth., 827 F.3d 412 (5th Cir. 2016) (view evidence favorably to nonmovant and draw inferences at summary judgment)
Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337 (5th Cir. 2007) (courts should not weigh evidence or make credibility determinations on summary judgment)
Caldwell v. KHOU-TV, 850 F.3d 237 (5th Cir. 2017) (elements required to establish an FMLA interference claim)
Ion v. Chevron USA, Inc., 731 F.3d 379 (5th Cir. 2013) (factual disputes should preclude summary judgment)