Can an employer make ee take FMLA after it has exhausted?

[allison04]

Can an employer force an ee to take FMLA time even if the ee has no FMLA time left? An ee missed 5 consecutive days of work and returned on the 6th day to be told that they could not return to work and had been placed on a leave of absence. EE wasn't given proper FMLA paperwork from employer until 8 days after trying to return to work. EE returned to work after 16 days from the first day missed due to having to wait for the physician to have the FMLA paperwork filled out. HR at that point gave the EE an approval form for the FMLA time taken. A few days later EE wanted to take an FMLA day due to pregnancy complications and was told that they were currently 128 hours over their entitled FMLA. How can an employer make an EE take FMLA leave if they didn't have the leave time? Shouldn't the EE been able to return to work on the day they originally came back after missing the 5 days?