have a hearing in this matter and and when we leave and we brief that we didn't believe it was a critical issue at that time only to see what we did not believe whether or not he had that particular six months but  and he couldn't get adequate care for his wife but when he got a reasonable time to return to work he tried to return to work and of on december the eighth he was escorted from the building by his supervisor and again at his pre disciplinary hearing that there was a policy which there was never notice of my love florence testified as the director of the department there never been an adopted policy he had witnessed two women who had taken more than a year of work and came back to their more than a year o if we if the employer was on notice that he wanted to request f m l a they could designate that as that as an f m l a qualifying event even if it was even if he can take his vacation leave but if he does not necessarily catastrophic leave is a bank of leave that is donated by other employees sick leave and it's a way for employees to be in pay status while they're away from their job and it's usually associated that individual employee isn't it receives as a benefit from it their employer i'd also say it's family leave if it was used that cat leaves for a particular purpose to benefit that employee family all it can't leave it is is a payment it's in a way to pay an employee when the employee doesn't have any other accrued vacation or sick leave available to them and they're away from the workplace and they can still receive a paycheck that's vacation personal and family leave but the before the statute i mean the regulation that administers this where we took the the language for our leave  you know the two to me maybe i'm missing the point with that to me the point of this case is that mr here is was allowed to be away from the workplace far in excess of his benefit under the f m l a and when that was  exhausted he was asked to recover returned and didn't want to come back and finally they were forced to terminate him the whether we gave our notice and whether that notice was proper or  not we argue that it is but assuming it wasn't the fact that he was gone from the workplace in excess of five months and would not come back when he was asked to do so he was not covered by the  that time he had received the subsidy of benefit and you know i thought that the state was was very generous with him and giving him lots of notice and lots of times to come back they began to tell him actually on the middle of august that his leave would run out and on october first around the first of october they sent him a letter in the middle of october he had a personal conversation came into the office and he was told his leave was out he need to make some arrangements on the november they had a personal conversation and he was told that on the sixth of november he had a letter that was sent to him telling him to come back by the twelfth when he didn't he was given a letter of reprimand and told to come back to work immediately on that and i think he signed indicating that they intended to terminate it and whether you could come back between then in the twenty second of december but certainly before he was certain of the specificity of charges he could have come back and in my brief there's a time line that with a number of days and it he had fifty six days something like that in there where he could have come back the state this isn't a case where the state rushed to judgment and terminated somebody because they does not return to the work place and work within the giving more leave the given cat leave so he can get paid not so he can deal way from the time from the workplace longer so he can get paid for his absence because he was he was out of  accrued paid leave getting plenty of notice that it's coming up try and work with him and it doesn't happen and in his in his deposition contrary to what was said today that he would have returned to work in his deposition indicates that he couldn't return to work and he indicates what he would have done differently is he would not have used his f and now lately even tell all of his other leave was was gone and that's not his choice you