An employee had an afternoon medical appointment to receive treatment for some chronic medical conditions. He was

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An employee had an afternoon medical appointment to receive treatment for some chronic medical conditions. He was granted FMLA leave for the appointment. The parties now dispute whether the leave was intended to be just for the afternoon o for the entire day. In any event, the employee did not report to work for the entire day. In the morning, he had stopped by his doctor’s office to pick up a prescription refill order and confirm that the paperwork necessary for his afternoon clinic appointment had been sent. He was not examined or otherwise treated. The employer said that the unauthorized morning absence put the employee over his allowed number of absences. The employee was terminated for excessive absenteeism. He sued. What should the court decide? Why?

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