Read the following excerpt from a US court opinion:
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ongoing paid administrative leave, which deprives him of the ability to go to his workplace and advance his career, constitutes an adverse employment action. B. Timing of Attempted Return to Work Defendants next argue that Plaintiff has failed to state a claim for retaliation under the FMLA because he did not attempt to return to work until five 569, 577 (E.D. Pa. 2011) (stating that “[a]n employer may not terminate an employee because he or she has taken the leave permitted by the statute. If the employee is not able to return to work after twelve weeks, however, the employer may terminate the employee.”) (quoting Katekovich v. Team Rent A Car, Inc., 36 Fed.Appx. 688, 690 (3d Cir. 2002)) (alteration in original); Dogmanits v. Capital Blue Cross, 413 F.Supp.2d 452, 462 (E.D. Pa. 2005) . In arguing that he was still protected by the
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What is the most suitable continuation to the opinion? Your options are:
A. holding a plaintiff to be ineligible for fmla leave wherein the plaintiffs leave exceeded twelve weeks within a twelve month period
B. holding that employees who exceed the twelve weeks of fmla leave stand to lose their entitlement to job restoration even if their employers provide additional nonfmla leave
C. holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave
D. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave
E. holding that employers oral denial of plaintiffs request for fmla leave showed interference
Reply with [A, B, C, D, E] only.