The United States Court of Appeals for the Fifth Circuit recently affirmed a district court's grant of summary judgment against a former employee records clerk's claim that she was terminated in violation of the federal Family and Medical Leave Act (FMLA).

The employee took an extended FMLA leave under the company's policy, and failed to return to work following the leave or to submit a certification seeking another leave extension by the deadline the company had provided. In its motion for summary judgment, the company argued that these failures constituted a legitimate, non-discriminatory reason for the employee's termination, a position that was affirmed by both the district court and the Fifth Circuit on appeal. The employee attempted to show pretext by suggesting, among other reasons, that there were genuine issues of material fact regarding whether she had requested a leave extension prior to the company's deadline, but this attempt was denied by the court because evidence showed that the employee had been given clear notice that the company required her to provide a completed certification form by the deadline, and that she had failed to do so. Paris v. Sanderson Farms, Inc..